• Print
  • donatio mortis causa accounts for 6 out of 811 casebriefs.

Style of causeRatio

Brown v Rotenberg et. Al. [1946] OR 363-376.

To complete delivery, one must give over that which gives effective control/dominion over the thing, e.g. keys.

Kooner v Kooner, [1979] BCJ no 84.

No, transfer is not sufficient to establish delivery of a gift where actions such as effort to retain control demonstrate an absence of intention to give.

Re Bayoff Estate, 2000 SKQB 23

There are three elements required to perfect an DMC gift:
** 1. Impending death from an existing perill
** 2. Actual death of donor;
** 3. Delivery (actual or constructive).

The general rule is that equity will not perfect and imperfect gift. However, courts may apply an exception: the Strong v Bird rule.

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

Turning over effective control through secret knowledge constitutes transfer.

Strong v Bird, [1874] LR 18 Eq 315 (UK Ch D)

When a donee of an imperfect inter vivos gift becomes the executor of the donor's estate, it perfects the gift.

For the rule to apply, there are four conditions:
** 1. The donee must be an executor of the donor’s estate
** 2. The donor must have intended to give donee an inter vivos gift
** 3. The donative intention of the donor did not change before death
** 4. The subject matter of the gift must be capable of enduring the death of the donor.

This is an exception to the general rule that equity will not perfect and imperfect gift.