Davey & Anor v Bailey & Ors

Davey & Anor v Bailey & Ors

The court found that none of the three requirements for valid donatio mortis causa were fully met for any of the claimed gifts: the evidence showed testamentary intention rather than effective gifts, there was no sufficient contemplation of impending death by Mr Bailey, and there was no delivery of dominion over specific property or assets. The claims therefore failed.

Parties
Claimant: Wendy Davey; Claimant: Eiron Jones; Defendant: David Bailey; Defendant: Myfanwy Jeffreys; Defendant: Leslie Davies; Defendant: Paul Davies; Defendant: Michael Davies
Jurisdiction
England and Wales
Judgment Date
26 February 2021
Procedural Posture
Probate Dispute / Judgment
Outcome
claim dismissed
Legal Topics
Donatio Mortis Causa, Intestacy, Deathbed Gifts, Will Formalities
Succession Property Law Donatio Mortis Causa Intestacy Deathbed Gifts Will Formalities

Case Brief

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Parties

Wendy Davey

Claimant

Eiron Jones

Claimant

David Bailey

Defendant

Myfanwy Jeffreys

Defendant

Leslie Davies

Defendant

Paul Davies

Defendant

Michael Davies

Defendant

Procedural Posture

Probate Dispute / Judgment

Legal Issues

  1. 1 Whether the claimants are entitled to assets from the estates of Alan and Margaret Bailey by way of deathbed gifts (donatio mortis causa)
  2. 2 Whether the requirements for valid donatio mortis causa are met for the three claimed gifts

Ratio Decidendi

The court found that none of the three requirements for valid donatio mortis causa were fully met for any of the claimed gifts: the evidence showed testamentary intention rather than effective gifts, there was no sufficient contemplation of impending death by Mr Bailey, and there was no delivery of dominion over specific property or assets. The claims therefore failed.

Court Disposition

claim dismissed