Donatio mortis causa

Practical Law UK Glossary 3-383-9099 (Approx. 3 pages)

Glossary

Donatio mortis causa

A gift made by a person (the donor) in contemplation of impending death, also known as a deathbed gift. When the donor dies, the subject-matter of the gift does not pass to the personal representative but to the person the deceased intended to benefit (the donee). To qualify as a donatio mortis causa:

The gift must be made by the donor in contemplation of the donor's impending death.
The gift must be contingent on the donor dying.
The donor must part with the gift or deliver it in some way to the donee.
The subject-matter of the gift must be capable of being given away in this manner. The doubt about whether land could be given away is now resolved (see Sen v Headley [1991] Ch 425).

For more information, see Practice note, Assets that can be realised without a grant of representation: Gifts made in anticipation of death.

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Resource ID 3-383-9099

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Resource Type Glossary

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England
Wales