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Equity And Trusts Law Direction

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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, “ 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. The case came before the Oxford County Court on 26th October 2012 and was presided over by Justice Harris. The two sides sent legal representatives.

Ms. Vallee was called to table the evidence and she furnished the court with the original title deeds that she had received from the deceased during her last call at the deceased’ s place before his demise. She also tabled before the court the photograph album mentioned in her evidence and asked for the court’ s indulgence to allow her to produce the bag containing the war medals, which she was within the court to strengthen her case. She was due for cross-examination but the defense lawyer opted not to cross-examine her.

The High Court invoked the criteria set in Sen v Headley [1991] 2 All ER 636 to establish the rightful owner of the estate1. The Court validated the plaintiff’ s claims for a donatio mortis causa regarding the estate. The presiding judge overruled the Treasury Solicitor with a declaration that the defendant Mr. Birchwood (acting for Mykola Bogusz), held the property on trust and that Ms. Vallee was the rightful beneficiary of the estate. In arriving at the decision, the High Court based its verdict on the precedent set in the appeal case of Sen v Headley [1991] Ch 425, where the Court set up grounds for a valid transfer of real property by a donatio mortis causa.

In the case, the deceased and the plaintiff, Mrs. Sen, were very close friends. About three days prior to his demise, Mrs. Sen asked deceased who the house would go for in the event that he died. He replied that the house would be the claimant’ s, and proceeded to hand-over the keys to the house, which were already in her bag to her.

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preview essay on Equity And Trusts Law Direction
  • Pages: 10 (2500 words)
  • Document Type: Essay
  • Subject: Law
  • Level: Undergraduate
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