Donatio Mortis Causa?

On 1 July 2014 the High Court gave judgment on a case involving a donatio mortis causa ("DMC"). A DMC is a gift made during the lifetime of the donor in the contemplation of his or her impending death.

Charles Hollander QC's judgment in King v Dubrey & Others 2014 EWHC 2083 (Ch) relates to a claim by Kenneth King, the deceased's nephew. Mr King claimed that the deceased, June Fairbrother, made a DMC of her property to him, removing the most valuable asset from her residuary estate which was gifted to the animal welfare charities nominated as residuary beneficiaries in her will dated 20 March 1998.

In the event that the court rejected this claim, Mr King made a further claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the '1975 Act') as Ms Fairbrother's dependant for financial provision from her estate.

Background

It was widely known amongst Ms Fairbrother's family and friends that she adored animals and was leaving her property in Harpenden, Hertfordshire (valued in the region of £350,000) to animal charities in her will. Indeed, Ms Fairbrother's will dated 20 March 1998 was drafted in those terms and provided for legacies of £19,000 to her friends and family and for her residuary estate (consisting primarily of her property) to a selection of animal charities.

In 2007 Mr King moved into the property with Ms Fairbrother to look after her. She was becoming increasingly frail and did not want to move into a care home. Mr King cared for Ms Fairbrother until her death on 10 April 2011. Before moving in with Ms Fairbrother, Mr King rented a bedroom and lounge from his business partner for £600 per month which was paid directly from his business takings. From 2007 Mr King gradually wound up this business and increasingly spent his time with Ms Fairbrother, who provided Mr King with board and lodging and made payments towards his living expenses.

During this period, the court heard that Ms Fairbrother had never discussed the contents of her will with Mr King. However, on a number of occasions Ms Fairbrother told Mr King that her property would be his and on 19 November 2010 and 4 February 2011 she wrote and signed documents, the second witnessed by a neighbour confirming her intentions. In addition, on 24 March 2011 Ms Fairbrother signed but did not have witnessed a will leaving the property to Mr King in the hope that he would look after her 2 cats and 3 dogs. None of these documents constituted valid wills and therefore...