Equity & Trusts Law: DMC
1. Demonstrate in-depth knowledge and understanding of the principles and rules of equity and the law of trusts through independent research.
2. Develop and present critical analysis of the principles and rules of equity and the law of trusts.
Consider the following statement:
The main issue with the doctrine [of donatio mortis causa] may be that it exists at all. DMC is an exception to the formality requirements imposed by statute. We are not minded to suggest that the DMC doctrine be codified in statute; as an anomalous doctrine we would not want to increase its prominence and promote its use by enshrining it in statute. We also take the view that the recent judgment by the Court of Appeal provides a reasonably clear statement of the law. In so far as the judgment in King v Dubrey failed to clarify certain elements of the law, we regard the flexibility of the common law to deal with future matters on a case-by-case basis as an advantage.
Looking further at the arguments for abolition we note the real risks of abuse presented by the DMC doctrine..Nevertheless, the DMC doctrine may continue to serve a useful purpose, because it “softens” the hard edges of formalities law.
Law Commission, Making a Will (Law Com No 231, 2017) paras 13.5-13.47
Discuss the arguments in favour and against abolition of the doctrine of donatio mortis causa, using caselaw to support your arguments. Do you support the abolition of the doctrine?
