Bentham v. Potterton [1998] IEHC 84 (28th May, 1998)

Bentham v. Potterton [1998] IEHC 84 (28th May, 1998)

The plaintiffs failed to establish on the balance of probabilities that the deceased intended to make a gift of the bank deposits in contemplation of her death; the requirements for donatio mortis causa were not met.

Citation
[1998] IEHC 84
Parties
First Plaintiff: Mary Bentham; Second Plaintiff: Sarah Monaghan; Second Defendant: Peter Higgins
Jurisdiction
Ireland
Procedural Posture
Civil Appeal / Judgment
Outcome
claim dismissed
Legal Topics
Donatio Mortis Causa, Validity of Gifts, Testamentary Disposition
Succession Law Property Law Donatio Mortis Causa Validity of Gifts Testamentary Disposition

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mary Bentham

First Plaintiff

Sarah Monaghan

Second Plaintiff

Peter Higgins

Second Defendant

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the transaction regarding four bank deposits constituted a valid donatio mortis causa in favour of the plaintiffs

Ratio Decidendi

The plaintiffs failed to establish on the balance of probabilities that the deceased intended to make a gift of the bank deposits in contemplation of her death; the requirements for donatio mortis causa were not met.

Court Disposition

claim dismissed