Donatio mortis causa

King v Chiltern Dog Rescue and Redwings Horse Sanctuary [2015] EWCA Civ 581; LSG 23 November

Donatio mortis causa is the ancient Roman law doctrine that enables the receiver of a deathbed gift to claim that the subject of the gift falls outside of the estate which for some obscure reason has survived since the sixth century and has been untroubled by the Statute of Frauds 1677, the Wills Act 1837, the Law of Property Act 1925 and various other statutes and rules of law. The rule is that the donor (subsequently the testator) must have made a lifetime gift to the donee that is conditional on the donor’s death. Until death the gift remains conditional and can be revoked. It must be accompanied by the passing of dominion over the gifted property, such as the handing over of the gift itself or keys and title deeds. Provided that the conditions are met, the gift is perfected on the death of the donor and the property does not enter the estate and passes immediately to the donee. There is no need for the gift to be in writing, no need for witnesses, or for a deed in the case of its application to land.