... J set out three conditions which must be shown before it can be said that a valid donatio mortis causa exists, namely: i) The transfer must be with the intention of giving the property; ii) It must be clear that the property was handed over in contemplation of a real possibility of death, and some specific focus on the possibility of death must be shown; and, iii) The donor must have effectively parted with dominion over the subject matter of the gift. The test is whether the donor has handed over such documents as constitute "the essential indicia or evidence of title, possession or production of which entitles the possessor to the property purported to be given".2 If we apply these conditions to the facts, it can be argued that when Kenneth addresses an envelope containing the Land Registration and share certificate "for Louise on my death", it can be inferred that this act ...

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