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

Facts:

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.

Issue(s):

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

Ratio:

Turning over effective control through secret knowledge constitutes transfer.

Analysis:

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.

Holding:

Z won.


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