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Re Zachariuc (Chevrier v. the Public Trustee) (1984) 16 ETR 152.


Z was C's only friend. Z said before C died he left him everything. He told him where money was hidden. C died before writing will.


Is physical transfer required for transfer of possession? (Must the owner exclude himself?)


Turning over effective control through secret knowledge constitutes transfer.


Donatio Mortis Causa
1. Made in contemplation of death
-He was in ill health. He explicitly said he wasn't going to die tonight. He was asked about a will.

2.Sufficient delivery of subject matter
-Although an intensely private person, he gave a house key to Z for first time in hhis life. (like Krooner v Krooner)
--Gave knowledge of where hidden money was

3.Must be made in circumstances that show reversal in case of recovery
-It is clear gift would be post-death as there was talk of making a will.


Z won.

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