Donatio Mortis Causa - Requirements

Requirements

There are three requirements for a valid donatio mortis causa, and these were laid down by Lord Russell CJ in Cain v Moon 2 QB 283:

1. the gift must have been made in contemplation of, though not necessarily in expectation of, death;
2. the subject matter of the gift must have been delivered to the donee; and
3. the gift must have been made under such circumstances as to show that the property is to revert to the donor if the donor should recover.