Chapter 4: Exceptions to them maxim 'equity will not assist a volunteer'

Question 1

what is the maxim?

Answer 1

Equity will not assist a volunteer (beneficiary with no given consideration) to perfect an imperfect gift / incompletely constituted trust.

Question 2

what are the 4 exceptions?

Answer 2

1. The rule in Re Rose (donor has done all in their power)
2. The rule in strong v bird - lifetime gift to an appointed PR
3. DMC - a gift made in contemplation of death
4. Estoppel

Question 3

What is the rule in Re Rose

Answer 3

• An incomplete gift/ trust
• The settlor must have done everything necessary to perfect the gift/ constitute the trust
• Any other actions must be carried out by a third party
• Apply = court will perfect the gift

Question 4

What is the rule in strong v bird?

Answer 4

• Receiver of imperfect lifetime gift
• Appointed as the donors personal representative
• Continuing intention to make the gift until point of death
• Gift will be perfected by court

Question 5

a DMC gift

Answer 5

-Gift made in contemplation of death from a particular cause

• It does not matter if death actually occurs from another cause
• Gift is conditional on donor’s death - intended by the donor if they died.
• The subject matter of the gift must be delivered and property capable of passing by DMC

Question 6

what does it mean that the gift must be delivered and the property capable of passing by DMC

Answer 6

physical delivery or delivery of the means to obtain the gift (essential evidence as title as proof)

Question 7

what is considered as delivery for land?

Answer 7

unregistered - title deed and keys

Question 8

what is estoppel?

Answer 8

Promise to another person & an imperfect gift.

Promisee can rely on estoppel to perfect the gift. (If they have suffered detriment in reliance on the promise).