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Legal Terms -donatio mortis causa
[Latin: a death-related gift] An instant donation of real or personal property given to a specific cause by a donor who anticipates passing away soon (King v. Dubrey [2015] EWCA Civ 581). The property or something equivalent to delivery must be delivered, and the gift must be prepared to take full effect only upon the donor's death. Although there is some question as to whether a donatio mortis causa of registered land can now be made, the latter requirement has been held to be satisfied by a transfer of the means, or a portion of the means, of obtaining the property or a transfer of the indications of title to the property (e.g., title deeds) (Davey v Bailey [2021] EWHC 445 (Ch)). The gift must be made with the purpose of giving up ownership of the property, but the donor may change their mind at any point before they pass away, negating the gift. The contribution will be canceled if the giver does not pass away. In reality, these kinds of gifts are really uncommon.
[Latin: a death-related gift] An instant donation of real or personal property given to a specific cause by a donor who anticipates passing away soon (King v. Dubrey [2015] EWCA Civ 581). The property or something equivalent to delivery must be delivered, and the gift must be prepared to take full effect only upon the donor's death. Although there is some question as to whether a donatio mortis causa of registered land can now be made, the latter requirement has been held to be satisfied by a transfer of the means, or a portion of the means, of obtaining the property or a transfer of the indications of title to the property (e.g., title deeds) (Davey v Bailey [2021] EWHC 445 (Ch)). The gift must be made with the purpose of giving up ownership of the property, but the donor may change their mind at any point before they pass away, negating the gift. The contribution will be canceled if the giver does not pass away. In reality, these kinds of gifts are really uncommon.
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