Is a donor’s delivery of a bank book sufficient to pass funds to the donor's account as a donatio mortis causa?
British Columbia, Canada
The following excerpt is from Costiniuk v. Official Administrator, 2000 BCSC 1372 (CanLII):
In Brown v. Rotenberg, supra, the donor had also delivered a bank book to the respondent and it was submitted that that was sufficient to pass the monies to the donor’s account as a donatio mortis causa. That claim was rejected because it did not give the respondent any dominion over the funds nor was the donor deprived of his ability to deal with the funds. The keys to the safety deposit box were treated as essential as part of the means of getting possession of the contents of the box with the result that those contents passed to the respondent as a donatio mortis causa.
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