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#constitution #equity #law
Donatio Mortis Causa (dmc)
This is halfway between a lifetime gift and a gift by will, but does not comply with the rules for either type of gift. It is effective if, and only if, the following conditions are met – Cain v Moon [1896] 2 QB 283:
  1. The gift is made in contemplation (though not necessarily expectation) of death, which the donor believes to be imminent;
  2. The gift is conditional on death (i.e. it is not intended to be fully effective until then and can be revoked before death);
  3. There is delivery of the property; the donor must part with ‘dominion’ (control) of the property by handing it, or something which represents title to the donee; – then, if the gift is imperfect, the donee may insist on it being perfected.
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