Deathbed Gifts The Law of Donatio Mortis Causa

This book is the first extensive treatment of deathbed gifts in English law to be published. Such gifts are sometimes made by donors who, when facing impending death, transfer their property conditionally on death. It is a fascinating area of the law containing rules which have their origins in Roman Law, and which have continued to be been developed in modern law combining aspects of the laws of succession, trusts and personal property. Deathbed Gifts provides a detailed exposition and analysis of the current rules. It also traces the origins of the law and examines its continued development by the courts. The subject is represented by a rich case law including recent Court of Appeal decisions; a comprehensive summary of the case law is included.

Origins of the law in the donatio mortis causa of Roman law; contemplation of death; conditional on death; delivery/transfer of property; property capable of being given by donation; critique and reform; summary of cases.

Andrew Borkowski is a Reader in Law at the University of Bristol. He is the author of Textbook on Roman Law and Textbook on Succession.