## Facts

- The claimant sought to establish that his aunt had made a valid donatio mortis causa of her house before her death.
- The aunt previously made a will in 1998, leaving her estate, including the house, to charity.
- As her health declined, the aunt gave the claimant the title deeds to her house, saying, “this will be yours when I go.”
- The claimant argued that receiving the deeds constituted a valid donatio mortis causa.
- The Court of Appeal considered whether the requirements for donatio mortis causa had been satisfied and if the house passed to the claimant rather than under the will.

## Issues

1. Whether the donor was contemplating impending death from a specific cause, as required for a valid donatio mortis causa.
2. Whether the gift was conditional upon death and not merely a testamentary intention.
3. Whether the delivery of dominion (i.e., handing over the title deeds) was sufficient in the circumstances to effect a valid donatio mortis causa if the first two requirements were satisfied.

## Decision

- The Court of Appeal found that the aunt was not contemplating death from a specific cause, but rather expressed a general awareness of mortality, which was insufficient for a valid donatio mortis causa.
- The aunt’s statement and her contemporaneous attempts to make a new will evidenced testamentary intent, not the requisite conditional gift upon death.
- Given the failure to satisfy the first two requirements, the court held there was no valid donatio mortis causa, regardless of the delivery of the title deeds.
- The house remained subject to the aunt’s 1998 will and passed to the intended charity beneficiaries, not the claimant.

## Legal Principles

- For a valid donatio mortis causa:
  - The donor must contemplate imminent death from a specific cause, not just general mortality.
  - The gift must be conditional—taking effect only if death occurs from the contemplated cause and lapsing otherwise.
  - The donor must deliver dominion over the property to the donee, such as through physical possession or transfer of title documents.

- Testamentary intent, as indicated by statements or actions akin to making a will, disqualifies the transaction from being a valid donatio mortis causa.
- Donatio mortis causa operates as a narrow exception to the formalities and requirements of will-making and is not a substitute for a will.

## Conclusion

The Court of Appeal reaffirmed the strict criteria for a valid donatio mortis causa and concluded that, where a donor merely anticipates natural death and expresses testamentary intent, such a gift fails; thus, the property must pass according to the will or rules of intestacy.


King v Dubrey [2015] EWCA Civ 581