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Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
What exactly is a ‘deathbed’? That was the question for the Court of Appeal when it was asked to rule on whether or not an elderly lady had made a gift of her house to her nephew.
The case of King v Dubrey and others concerned the rather obscure legal doctrine of donatia mortis causa – which means ‘gift in contemplation of death. In other words, a ‘deathbed gift’.
Two-thirds of adults in England and Wales pass away each year without having made a valid Will. Some people simply don't get round to making one; others don't realise that significant events in life, for example marriage, can revoke a previously made Will. Whatever the precise reason for not leaving one, such individuals are said to die 'intestate' and their estates are governed by the ‘intestacy rules’. These determine the distribution of a deceased’s estate after any debts and liabilities, funeral expenses and costs of the administration of the estate have been paid.
The average Briton now delays making a Will until they are 72 years old according to a recent survey by Remember a Charity. Only three in 10 people in the UK actually have a Will and many of us simply don’t write a Will at all in spite of this being an age of increasingly complicated financial affairs, complex family dynamics and people moving between countries. The lack of engagement or willingness to arrange our affairs is somewhat surprising given the difficulties that can arise if matters are not dealt with and how these may affect the passing down of wealth to your children and through generations.
Sharon Burkill
Natalie Cohen
Caroline Sheldon
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