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King v Dubrey: a Donatio Mortis Causa too far?

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The concept of the Donatio Mortis Causa (DMC) may seem to be, and possibly should be, the preserve of equity examinations, but two recent cases have demonstrated the ability of this doctrine to impact on 21st Century lives. This article will consider the judgement in King v Dubrey & Others and will argue that the decision in this case, together with the decision in Vallee v Birchwood last year, have (deliberately or inadvertently) extended the DMC requirements, blurring the distinction between the DMC and a nuncupative will to the extent that the doctrine endangers the Wills Act 1837 formalities for testamentary dispositions.
Original languageEnglish
Pages (from-to)525-534
Number of pages10
JournalConveyancer and Property Lawyer
Volume6
Publication statusPublished - 2014

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