Cain v Moon [1896] 2 QB 283
This case laid down 3 conditions for
making a "deadbed Gift" / Donatio Mortis Causa - (Latin,
means "gift on the occasion of death") which is made during the
lifetime of the donor, conditional and takes effect upon death of the donor.
According to Lord Rusell in Cain v Moon, three conditions must be satisfied:
i) The gift must have been made in
contemplation of death
ii) The right or property must be delivered
to the donee prior to donor’s death
iii) If donor does recover, the property will revert back to donor
NOTES:
1.This rule is contrary to S9 of Wills Act which required testamentary disposition to be done by signed, witnessed writing , thus the court is essentially perfecting an imperfect gift.
2. This is one of the exceptions to the general rule of Milroy v Lord ,where court is perfecting an imperfect gift.