JUDGEMENT Essay Example | Topics and Well Written Essays - 1500 words

JUDGEMENT - Essay Example gusz, especially during Christmas, who has become increasingly isolated and distrustful of everyone, living without a phone and scared of being burgled2. In addition, there is no evidence that Mr Bogusz has been in contact with his Ukrainian family. There are several facts that give rise to donatios mortis causa. Vallee visited Mr Bogusz on the 6th of August 2003 and found him to be quite unwell with a â€Å"chesty† cough, although the two did not discuss any diagnosis. When they referenced the next Christmas period, Mr Bogusz said that it was not his expectation that he would live for much longer. In fact, he claimed that he may not live to see the next Christmas. According to Vallee, Mr Bogusz wanted the land to pass on to her after his death, giving her the keys and title deeds to his house3. However, over the course of the appeal case at the High Court, she corrected this to mean one key, which she did not retain. In addition, Mr Bogusz gave Vallee a plastic bag that contained his photo album and war medals. However, Mr Bogusz continued living in his house and property and Vallee had no access and did not visit him after that4. Thereafter, Mr Bogusz survived for at least another four months before dying on the 9th of December 2003 from bronchopneumonia. Initially, this was thought to create bona vacantia and intestacy. Ms Vallee intimated a claim to TSol who rejected her claim of a donatio mortis Causa5. The defendant involved heir hunters to trace a brother, as well as other relatives living in the Ukraine and, in 2009; Tsol accepted the brother’s entitlement. Ms Vallee instituted a claim in 2012 and circuit judges decided in her favour during the trial in Oxford County Court. This they did with little academic analysis, while they did not cross-examine Ms. Vallee. The case was appealed at the High Court Chancery Division to Judge Jonathan Gaunt QC, sitting as deputy judge. The case was again dismissed and the case was appealed at the Court of