Tuesday, October 15, 2019

Trusts Law And Reasons For Appeal Essay Example | Topics and Well Written Essays - 2500 words

Trusts Law And Reasons For Appeal - Essay Example 2. The facts of the High Court case are as follows: Vallee the plaintiff was an adopted child of the deceased. She was staying in France, but one day she called on the deceased before his demise in the third quarter of 2003. She promised him that she would return during Christmas, to which he answered that he did not contemplate to live up to the time and that his desire was to hand over his house to her upon his death. The deceased handed over the title deeds to the land on which the house was built and a key to the estate to her. He also gave her a plastic container with his war treasures and a photo album. Four months later, he passed on. The defendant was informed of her father’s demise by the Coroner’s Office, which regretted that the deceased had not left any valid will specifying how the estate would be divided. 3. In 2006, the defendant directed lawyers, who contacted the treasury solicitor in writing to claim the property on the grounds that her father had given it to her by a donatio mortis causa; which is a gift whose ownership remains conditional until the death of the donor. The treasury refused her claim and proceeded with an advertisement for any potential claimants.  The defendant, a clinician who was running a business organization named â€Å"Celtic Research Limited†, established through his â€Å"heir hunting† that the deceased had a surviving male sibling, Mr. Mykola Bogusz. He acquired a power of attorney from the surviving Bogusz and made applications for, and was given documents for administering the property on October 8, 2009, â€Å"for (his) use and benefit.† The treasury solicitor permitted Mykola Bogusz’s claim and placed a caveat on the property against further claims. Ms. Vallee filed proceedings in court seeking to claim the property by a donatio mortis causa. 4. The case came before the Oxford County Court on 26th October 2012 and was presided over by Justice Harris.

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