Question from D, Is David entitled to the Rosemoor manor house?

Answer from AI:

In the UK, the distribution of a deceased person’s estate is primarily governed by the terms of their will. However, certain circumstances can lead to changes in how the estate is distributed, such as deathbed gifts (donatio mortis causa) or subsequent amendments to the will.

Understanding Deathbed Gifts (Donatio Mortis Causa)

A deathbed gift, or donatio mortis causa, is a gift made in contemplation of imminent death. For such a gift to be valid, it must meet specific criteria:
1. The gift must be made in contemplation of the donor’s impending death.
2. The gift must be conditional upon the donor’s death.
3. There must be a delivery of the subject matter of the gift or something that represents it (e.g., a key to a safety deposit box containing the deeds).

In Moira’s case, she told David she wanted him to have the house and gave him the key to a safety deposit box containing the deeds. This could potentially be considered a valid deathbed gift if it meets the criteria above.

Legal Considerations

1. **Contemplation of Death**: Moira was aware she had only hours to live, satisfying the contemplation of death requirement.
2. **Conditional on Death**: The gift was intended to take effect only if Moira died, meeting the conditional requirement.
3. **Delivery**: Moira handed David the key to the safety deposit box containing the deeds, which could be seen as symbolic delivery of the house.

However, deathbed gifts are often scrutinized closely by courts, and the specific circumstances and evidence will be crucial in determining validity.

Consulting a Legal Professional

Given the complexity and potential for disputes, it is advisable for David to consult with a legal professional who can provide personalized advice and represent his interests if the matter goes to court.

Is Alexis entitled to the contents of the Rosemoor manor house?

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