We recently commented on the judgment in the case of Rahman v Hassan (2024 EWHC 1290 Ch) (see “Is a text message sufficient evidence to prove intentions to update a Will?” ) and its ruling on the validity and scope of donationes mortis causa, or ‘gifts in contemplation of death’.

 

In a notable development, the Court has now granted the defendants permission to appeal the original decision on five of their eight submitted grounds. The primary grounds for appeal included whether Land Certificates (for registered land) and copies of Leases constitute evidence of ownership. The courts have previously established that unregistered land can be gifted through the action of handing over deeds. However, the judgment in Rahman v Hassan appears to deem the handing over of a Land Certificate in respect of registered land to be a satisfactory parting of ‘dominion’ over a property. The defendants are also seeking to challenge the finding that handing over bank details and passwords is sufficient to part with ‘dominion’ over those bank accounts.

 

The court agreed to grant leave to appeal in this case due to its complex issues, its ‘novelty and increasing importance in modern society’, noting that the outcome will set an important precedent. We look forward to hearing the outcome of this appeal. Of course, although this case offers some clarification on the concept of donationes mortis causa, it remains a rare and complex legal area and is no substitute for a carefully drafted Will with the assistance of an experienced practitioner.

 

Read the full article detailing the judgment in the case of Rahman v Hassan (2024 EWHC 1290 Ch) and its ruling on the validity and scope of donationes mortis causa, or ‘gifts in contemplation of death’.

While great care has been taken in the preparation of the content of this article, it does not purport to be a comprehensive statement of the relevant law and full professional advice should be taken before any action is taken in reliance on any item covered.