Buckley J described a donatio mortis causa as: ‘a singular form of gift. It may be said to be of an amphibious nature being a gift which is neither entirely inter vivos nor testamentary. It is an act inter vivos by which the donee is to have the absolute title to the subject of the gift not at once but if the donor dies. If the donor dies the tide becomes absolute not under but as against his executor.
In order to make the gift valid it must be made so as to take complete effect on the donor’s death’.
Buckley J
[1902] 1 Ch 892
England and Wales
Wills and Probate
Updated: 11 December 2021; Ref: scu.548012