Vallee v Birchwood

The delivery by the deceased of the title deeds and a key to the house to his daughter, in contemplation of his impending death and accompanied by words of gift, was sufficient delivery of dominion to constitute a valid donatio mortis causa. The judge at first instance correctly found for the claimant, and the appeal is dismissed.

Parties: Claimant/respondent: Cheryle Vallee; Defendant/appellant: Peter Robert Alfred Birchwood (as Administrator of the Estate of Wlodzimierz Bogusz deceased)
Jurisdiction: England and Wales
Judgment Date: 06 June 2013
Procedural Posture: Civil Appeal / Appeal Judgment
Outcome: Appeal dismissed
Legal Topics: Donatio Mortis Causa, Intestacy, Constructive Trusts, Costs Orders

Equity Succession Law Donatio Mortis Causa Intestacy Constructive Trusts Costs Orders

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2

Parties

Cheryle Vallee

Claimant/respondent

Peter Robert Alfred Birchwood (as Administrator of the Estate of Wlodzimierz Bogusz deceased)

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

1 Whether a valid donatio mortis causa of land was effected by the deceased in favour of the claimant
2 Whether the requirements for a donatio mortis causa were satisfied, particularly delivery of dominion
3 Whether the trial judge erred in law or principle in his findings

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Declaration that the defendant holds the property on trust for the benefit of the claimant
Defendant to pay the claimant's costs of the proceedings