Home Information Cases Sen v Headley (1991)

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Sen v Headley (1991)

Summary

Claim to gift of land by donatio mortis causa fails : Claim to gift of land by donatio mortis causa fails : Claim to gift of land by donatio mortis causa succeeds

Facts

al against dismissal of claim to gift of a house by donatio mortis causa where deceased owner to whom she had been housekeeper for 30 years had said "The house is yours Margaret.You have the keys. They are in your bag. The deeds are in the steel box".

Held

he requirements for a valid gift were: A The gift had to be made in contemplation of death B The gift must be on the condition that it was only to be absolute & perfected on the donor's death & revocable until then C There had to be delivery of the indicia of title. Duffield v Elwes (1827)1 Bli (NS)497 distinguished. Requirement were satisfied. Appeal allowed.

Court of Appeal
Nourse LJ, Leggatt LJ, Purchas LJ
Judgment date
28 February 1991
References

[1991] Ch 425 : [1991] 2 WLR 1308 : [1991] 2 All ER 636 : [1996] 1 FCR 692 : (1991) 62 P & CR 277 : [1991] Fam Law 373 : [1991] EG 23 (CS) : (1991) 88(16) LSG 32 : (1991) 141 NLJ 384 : (1991) 135 SJ 384 : Times, March 6, 1991 : Independent, March 7, 1991 : Guardian, April 23, 1991 : Daily Telegraph, March 14, 1991

Previous Members

hh-judge-david-hodge-qc,HHJ David Hodge QC

Practice areas

trusts-and-settlements,Trusts & Settlements