Donationes mortis causa: Where there’s no will, there’s a way

October 2, 2017

Edward Cumming and Timothy Sherwin’s article “Donationes mortis causa: Where there’s no will, there’s a way” appeared in September’s edition of the Trusts & Estates Law and Tax Journal.


In their article, Edward and Timothy deal with the current law on donationes mortis causa (“DMC”), sometimes called deathbed gifts. Giving particular consideration to the recent cases, they set out the requirements for a court to find a DMC. Before analyzing them in detail,  Edward and Timothy consider some problems with DMC, and assess how the courts have dealt with those problems. Finally, they suggest some practical tips for assessing whether a DMC has occurred.


Edward and Timothy are experienced in estates, probate and succession cases. Please contact them to discuss any questions relating to DMCs, or if you are interested in hearing them talk on this topic.