Vallee v Birchwood [2013] EWHC 1449 (Ch) (06 June 2013)

Vallee v Birchwood [2013] EWHC 1449 (Ch) (06 June 2013)

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 clear words of intention, was sufficient delivery of dominion to constitute a valid donatio mortis causa of the property. The judge at first instance was correct in law and fact. The costs order against the administrator was justified as he opposed the claim for financial gain and the claimant had to bring proceedings to vindicate her rights.

Citation
[2013] EWHC 1449 (Ch)
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
Appeal (chancery Division, High Court of Justice, From Oxford County Court) / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Donatio Mortis Causa, Intestacy, Constructive Trust, Delivery of Dominion, Costs Order
Equity Succession Law Property Law Donatio Mortis Causa Intestacy Constructive Trust Delivery of Dominion Costs Order

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Parties

Cheryle Vallee

Claimant/respondent

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

Defendant/appellant

Procedural Posture

Appeal (chancery Division, High Court of Justice, From Oxford County Court) / Judgment on Appeal

Legal Issues

  1. 1 Whether a valid donatio mortis causa of land was effected by the deceased in favour of the claimant
  2. 2 Whether the requirements for donatio mortis causa were satisfied, particularly delivery of dominion and contemplation of impending death
  3. 3 Whether the costs order against the administrator was justified

Ratio Decidendi

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 clear words of intention, was sufficient delivery of dominion to constitute a valid donatio mortis causa of the property. The judge at first instance was correct in law and fact. The costs order against the administrator was justified as he opposed the claim for financial gain and the claimant had to bring proceedings to vindicate her rights.

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