King v Dubrey & Ors

King v Dubrey & Ors

The court found that June Fairbrother made a valid donatio mortis causa of the property to Mr King by handing him the deeds and expressing her intention that he should have the property upon her death. The requirements for a DMC were satisfied: June contemplated her impending death, the gift was conditional on her death, and she parted with dominion over the indicia of title. There was no sufficient evidence of lack of capacity. Alternatively, if the DMC claim failed, Mr King was a dependant under the 1975 Act and entitled to a lump sum provision.

Parties
Claimant: Kenneth Paul King; Defendant: James Dubrey; Defendant: Joan Dubery; Defendant: Trudy Manning; Defendant: June Davies; Defendant: Margaret von Hoensbroech; Defendant: Elizabeth Drorer; Defendant: Joan Copeman; Defendant: Jennifer Crosby; Defendant: Ivy Banks; Defendant: Elspeth Wotherspoon; Defendant: Ronald Archer; Defendant: Sally Archer; Defendant: Dorothy Cooper; Defendant: Mrs Woodstock; Defendant: The Chiltern Dog Rescue; Defendant: The Blue Cross Animal Shelter; Defendant: Redwings Horse Sanctuary; Defendant: The Donkey Sanctuary; Defendant: The International Fund for Animal Welfare; Defendant: The PDSA; Defendant: The World Society for the Protection of Animals
Jurisdiction
England and Wales
Judgment Date
01 July 2014
Procedural Posture
Probate/inheritance Dispute / Judgment After Trial
Outcome
Claim allowed
Legal Topics
Donatio Mortis Causa, Testamentary Capacity, Inheritance (provision for Family and Dependants) Act 1975, Dependency Claims
Succession Law Equity and Trusts Donatio Mortis Causa Testamentary Capacity Inheritance (provision for Family and Dependants) Act 1975 Dependency Claims

Case Brief

Summary, issues, holding and outcome

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Parties

Kenneth Paul King

Claimant

James Dubrey

Defendant

Joan Dubery

Defendant

Trudy Manning

Defendant

June Davies

Defendant

Margaret von Hoensbroech

Defendant

Elizabeth Drorer

Defendant

Joan Copeman

Defendant

Jennifer Crosby

Defendant

Ivy Banks

Defendant

Elspeth Wotherspoon

Defendant

Ronald Archer

Defendant

Sally Archer

Defendant

Dorothy Cooper

Defendant

Mrs Woodstock

Defendant

The Chiltern Dog Rescue

Defendant

The Blue Cross Animal Shelter

Defendant

Redwings Horse Sanctuary

Defendant

The Donkey Sanctuary

Defendant

The International Fund for Animal Welfare

Defendant

The PDSA

Defendant

The World Society for the Protection of Animals

Defendant

Procedural Posture

Probate/inheritance Dispute / Judgment After Trial

Legal Issues

  1. 1 Whether a valid donatio mortis causa (DMC) of the property was made to the claimant
  2. 2 Whether the deceased had capacity to make a DMC
  3. 3 Whether the claimant was a dependant under the Inheritance (Provision for Family and Dependants) Act 1975 and entitled to reasonable financial provision

Ratio Decidendi

The court found that June Fairbrother made a valid donatio mortis causa of the property to Mr King by handing him the deeds and expressing her intention that he should have the property upon her death. The requirements for a DMC were satisfied: June contemplated her impending death, the gift was conditional on her death, and she parted with dominion over the indicia of title. There was no sufficient evidence of lack of capacity. Alternatively, if the DMC claim failed, Mr King was a dependant under the 1975 Act and entitled to a lump sum provision.

Court Disposition

Claim allowed

Orders

  • Declaration that Mr King is entitled to the property at 12 Kingscroft Road, Harpenden by valid donatio mortis causa. If this is incorrect, a lump sum of £75,000 is awarded to Mr King under the 1975 Act.