Isle of Man – The Board emphasised the burden of proof in claims to have received a donatio mortis causa: ‘Cases of this kind demand the strictest scrutiny. So many opportunities, and such strong temptations, present themselves to unscrupulous persons to pretend these death bed donations, that there is always danger of having an entirely fabricated case set up. And, without any imputation a fraudulent contrivance, it is so easy to mistake the meaning of a person languishing in a mortal illness, and, by a slight change of words, to convert their expressions of intended benefit into an actual gift of property, that no case of this description ought to prevail, unless it is supported by evidence of the clearest and most unequivocal character.’
Citations:
[1862] EngR 910, (1862) 15 Moo PC 215, (1862) 15 ER 476, [1862] UKPC 12
Links:
Cited by:
Cited – King v The Chiltern Dog Rescue and Another CA 9-Jun-2015
This is an appeal by charities who are entitled to inherit under a will against a decision that (a) the deceased transferred her house to her nephew by a donatio mortis causa, alternatively (b) the nephew is entitled to recover 75,000 pounds against . .
Cited – King v Dubrey and Others ChD 1-Jul-2014
The claimant said that before her death, the now deceased testator had handed the deeds of the house to him saying that she was giving the house to him. He said it was a donatio mortis causa gift. . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate, Commonwealth
Updated: 23 July 2022; Ref: scu.287076
