Marco and Liz Carvalho were married in 2005. They have two children, Pedro (22) and Albertina (19). In 2006 Marco and Liz both made valid wills leaving their entire estates to each other. The wills were not mutual wills.

5 years ago Marco and Liz went through a very acrimonious divorce. Afterwards Marco tried to have contact with both children, but they told Marco that they blamed him for the divorce and said they wanted nothing more to do with him. Marco has not seen Pedro or Albertina since the divorce.

In January 2022 Marco met Gemma Wilkie and they formed a relationship. In June 2022 Gemma moved into the house where Marco was living, Callow Meadows. In August 2023, Marco wrote out a will, a copy of which appears below. Marco and Gemma were married in December 2023. Two weeks later, whilst the couple were on honeymoon in Switzerland, Marco died in a skiing accident.

Marco is survived by Gemma, Liz, Pedro and Albertina. Pedro suffers with a disability that impacts his day to day activities and is currently unemployed. Albertina is currently studying part time for a degree in psychology and has recently had a child of her own.

Will of Marco Carvalho

THIS IS THE LAST WILL of me Marco Carvalho of Callow Meadows, Melton Mowbray dated 2 August 2023.

I give my entire estate to Gemma Wilkie

Signed by Marco Carvalho ) Marco Carvalho

in our joint presence and then by us in his)

H. Walley Y. Cooper

Harry Walley Yvonne Cooper

2 The Pines 189 Brendon Chase

Peterborough Nottingham

You will recall that Marco Carvalho died in a skiing accident in December 2023. Marco's estate comprises the following assets, all of which are held in Marco's sole name unless otherwise stated:

Callow Meadows (owned jointly with his brother Antonio) 250,000 (value of

Marco's share)

Savings 400,000

Classic motorbikes in showroom 750,000

Harley Davidson motorbike 20,000

Smallholding shares in various quoted companies 50,000

Callow Meadows was inherited by Marco and his brother Antonio following the death of their grandfather in 2008. They owned Callow Meadows as beneficial joint tenants. Since the divorce, Marco has been living at this property.

Six months before Marco died, he realised his dream to acquire and run his own business working as a sole trader dealing in classic motorbikes. Marco was a motorbike enthusiast and used the Harley Davidson motorbike for his personal use.

One year before he died, Marco gifted 100,000 to his brother Antonio to help him purchase a property. Marco always used up his annual exemption in each tax year as a tax planning measure.Otherwise, Marco made no other lifetime gifts or transfers of any kind in the seven years before his death.

A week after his wedding but only a day before Marco departed for his honeymoon in December 2023, he was informed that he had a terminal cancer diagnosis and had only weeks left to live. Marco immediately met and confided in his best friend Jonathan. It became apparent that Marco owned a Rolex watch, which he inherited from his father when he died several years ago. Marco gave Jonathan his Rolex watch and all accompanying ownership papers with it and said "This is to be yours after I die".

It has now been discovered that Marco also has a life assurance policy worth 100,000, which had been written in trust for the benefit of his best friend Jonathan in 2010. Marco's funeral expenses were 8,000 and his debts were 15,000.

now Critically evaluate reasons for and against retaining a Donatio Mortis Causa in Marco's circumstances.