Trust 5 - assist Voluteer

Question 1

What is the doctrine of equity will not assist a volunteer?

Answer 1

Equity won’t compel a settlor to transfer legal title i.e. won’t perfect an imperfect gift or treat it as a self-declaration of trust if constitution fails

Question 2

What was Milroy v Lord and others

Answer 2

• tried to transfer shares to a trust but didn’t fill in share transfer form. Therefore, gift failed.
• father put cheque in baby’s hand saying it was for B but didn’t endorse cheque - no gift and no trust as intention was gift

Question 3

What are the exceptions to principle of equity won’t assist a volunteer?

Answer 3

1. Re Rose
2. Fortuitous Vesting
3. DMC

Question 4

What is the principle in Re Rose?

Answer 4

Transfer of shares/land effective in equity once transferor has done everything in their power to effect transfer

• Correct method of transfer used
• Transferor did everything w/in their power
• Documentation in hands of person capable of effecting transfer/transferor has put matter beyond their own control

Question 5

Would sending docs to your solls for them to deal with be within Re Rose?

Answer 5

No - Sending it to solicitor is not doing everything as solicitor agent of transferor

Question 6

Would sending docs to the donee for them to deal with be within Re Rose?

Answer 6

Yes

Question 7

What is the principle of unconscionability in relation to Re Rose?

Answer 7

Might also apply where unconscionable not to do so - proprietary estoppel
1) Assurance (you’ll have the shares Harrold)
2) Reliance (Harold became a director)
3) Detriment (Harold took on duties as director)
Must be unconscionable to go back on assurance

Question 8

What is fortuitous vesting?
(Strong v Bird)

Answer 8

The intended recipient of a gift is also the PR of transferor’s estate, so gift is perfected on death

• Intention to make immediate gift
• Intention must continue until donor’s death
• Intended donee becomes executor of donor’s estate

Must relate to existing property, not future

Question 9

What case covers immediate gift for Strong v Bird?

Answer 9

• A promised car to B but it needed to be repaired
• A then lent car to C

Gift from A to B not immediate

Question 10

What case covers continuing intention for Strong v Bird?

Answer 10

• Mother promised daughter house
• M gave D a cheque instead
• D became executor
• No gift as intention changed when cheque was given