Formalities / Constitution Flashcards
What is the general rule in Milroy v Lord
Equity will not perfect an imperfect gift
If legal title is not transferred correctly then the disposition is void and it fails
What is the exception to this rule in Re Rose
- Correct method of transfer is used
- The transferor has done everything in their power to effect the transfer
- Documentation ends up in hands of person/organisation capable of effecting the transfer
Principle extends to registered land if
- the transferor has put the matter beyond their control. This would make the transfer irrevocable
If Re Rose applies: the donor holds the property on constructive trust for the intended donee
What is the exception in Strong v Bird?
Fortuitous vesting: where a gift is made to a donee who subsequently obtains legal title to it by becoming donor’s personal representative
Conditions:
- Must be continuing intention to make an immediate gift to intended donee who becomes executor
- Intended immediate gift
- Intention continues until death
- Transferee is executor or administrator
What is a DMC
Recognised in exceptional circumstances where a donor anticipates imminent death and wants to make a gift but does not have time to make a valid will
Valid DMC:
1. Contemplation of imminent death
2. Intention that the gift is conditional on death
3. Part with dominion - actual or constructive delivery of property
