King v The Chiltern Dog Rescue & Anor

King v The Chiltern Dog Rescue & Anor

The facts as found did not satisfy the first requirement of a valid donatio mortis causa, namely, that the deceased was contemplating her impending death from a known cause at the relevant time. The words and actions relied upon were more consistent with testamentary intent than a conditional gift. The subsequent attempts to make a will further undermined the existence of a DMC. However, the claimant was entitled to reasonable financial provision of £75,000 under the Inheritance (Provision for Family and Dependants) Act 1975.

Parties
Claimant/respondent: Kenneth Paul King; Defendant/appellant: The Chiltern Dog Rescue; Defendant/appellant: Redwings Horse Sanctuary
Jurisdiction
England and Wales
Judgment Date
09 June 2015
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part; DMC set aside; award of £75,000 under the 1975 Act upheld.
Legal Topics
Donatio Mortis Causa, Wills, Reasonable Financial Provision, Inheritance (provision for Family and Dependants) Act 1975
Succession Law Equity and Trusts Donatio Mortis Causa Wills Reasonable Financial Provision Inheritance (provision for Family and Dependants) Act 1975

Case Brief

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Parties

Kenneth Paul King

Claimant/respondent

The Chiltern Dog Rescue

Defendant/appellant

Redwings Horse Sanctuary

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the deceased effected a valid donatio mortis causa (DMC) of her house to the claimant
  2. 2 Whether the claimant is entitled to reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975

Ratio Decidendi

The facts as found did not satisfy the first requirement of a valid donatio mortis causa, namely, that the deceased was contemplating her impending death from a known cause at the relevant time. The words and actions relied upon were more consistent with testamentary intent than a conditional gift. The subsequent attempts to make a will further undermined the existence of a DMC. However, the claimant was entitled to reasonable financial provision of £75,000 under the Inheritance (Provision for Family and Dependants) Act 1975.

Court Disposition

Appeal allowed in part; DMC set aside; award of £75,000 under the 1975 Act upheld.

Orders

  • Declaration that no valid donatio mortis causa was made in favour of the claimant.
  • Order that the claimant receive £75,000 as reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.