3. Constitution

Question 1

Milroy v Lord

Answer 1

Equity will not assist a volunteer to perfect an imperfect gift

Question 2

LPA 1925, s 52

Answer 2

Must be satisfied for transfer of legal title in land

Question 3

Richards v Delbridge

Answer 3

Transfer of legal title in land must be by deed

Deed must comply with LP(MP)A 1989, s 1

Question 4

Stock Transfer Act 1963

Answer 4

Shares must be transferred by transferor signing stock transfer form in favour of the transferee

Question 5

Re Cole

Answer 5

Chattels may be transferred either by a deed of gift or actual delivery, accompanied by the transferor intending to transfer them

Question 6

LPA 1925, s 136

Answer 6

Notice in writing must be given to debtor (i.e. Bank) for legal title to the bank account to be transferred

Question 7

Jones v Lock

Answer 7

If donor intended absolute gift but failed effectively to transfer property, equity will not construe failed absolute gift as declaration of trust

Question 8

Paul v Constance

Answer 8

Effective declaration of trust was found, because court found sufficient intention on part of Constance to make himself a trustee of the money in the account

Question 9

Re Rose

Answer 9

Where S has done everything within his power, equity may regard transfer as complete

Question 10

Mascall v Mascall

Answer 10

Same principle as in Re Rose, but here necessary documentation given to 3P

Question 11

Strong v Bird

Answer 11

Imperfectly vested lifetime gift is perfected when legal title invest in donee because he became personal representative to donor

Question 12

Re Stewart

Answer 12

Rule applies whether donee is so executor or one of several

Question 13

Re James

Answer 13

Even applies where donee becomes administrator on intestacy of donor

Question 14

Re Ralli’s WT

Answer 14

Trust would become constituted if the trust property came into the trustees’ hands in any legitimate way – capacity in which title is obtained is irrelevant

Question 15

Cain v Moon

Answer 15

Requirements for dmc

1. Gift made in contemplation of death, which donor believes to be imminent
2. Gift is conditional on death
3. There is delivery of property

Question 16

Sen v Headley

Answer 16

Constructive delivery of title deeds to house by giving donee keys to box containing title deeds

Question 17

Choitram v Pagarani

Answer 17

Donor orally declares intention to make gift on trust to charity but dies before managing to transfer legal title
Gift upheld because donor one of Ts in charity and manifested intention that, instead of being legal beneficial owner of the property, he would hold it as a T

Question 18

Pennington v Waine

Answer 18

Extension of Re Rose, where donor hands docs to her agent (not to company or donee)
Held it would be ‘unconscionable’ to deny gift