validity of gifts

Which legal principle established in Milroy v Lord (1862) dictates that Equity will not complete a transfer if the donor fails to use the correct legal method?

Equity will not perfect an imperfect gift (or 'Equity will not assist a volunteer').

What two elements are required for the informal transfer of legal title to tangible personal property (chattels) by delivery?

An intention to give and a legally recognised form of delivery.

Under the rule in Re Cole (1964), why is simply saying 'it's all yours' while showing a donee furniture insufficient to effect a gift?

There must be an actual delivery or a change in possession; mere words of gift are insufficient for chattels.

How does 'constructive delivery' operate in the context of gifting a chattel, as illustrated in Thomas v Times Book Co (1966)?

The donor provides 'words of gift' and places the donee in a position to take delivery of the object himself.

Define 'symbolic delivery' of a gift as established in Lock v Heath (1892).

The delivery of a single item (e.g. a chair) to represent the transfer of ownership of an entire set or collection.

In Glaister-Carlisle v Glaister-Carlisle (1968), why did a husband throwing a trophy at his wife and saying she could have it fail as a gift?

There was no clear, serious intention to transfer ownership, as the gesture was made in anger.

According to Dewar v Dewar (1975), what is the effect if a donor intends a gift but the donee insists on receiving it as a loan?

It is still a valid gift because the donee cannot force the donor to accept repayment.

What type of delivery occurred in Rawlinson v Mort (1905) when the donor placed his hand on an organ in a church in front of witnesses?

Constructive delivery, which is used for heavy or bulky objects where physical movement is impossible.

Under s.52(1) of the Law of Property Act 1925, what is the mandatory formality for the lifetime gift of a freehold interest in land?

The transfer must be effected by a deed.

In the context of land gifts, what final step is required by s.27(2)(a) of the Land Registration Act 2002 to operate at law?

Completion of the transfer by registration in the Land Register.

How does the status of a 'donee' (as a volunteer) affect their ability to enforce a gift in the absence of a contract?

A donee provides no consideration and therefore cannot enforce a 'gratuitous promise' to transfer property.

The 'Every Effort' rule established in Re Rose (1952) allows equitable title to pass when the donor has _____.

Done everything within their own power to complete the transfer, even if a third party has yet to act.

Why did the gift of shares fail in Re Fry (1946) despite the donor having completed the transfer forms?

The donor had not obtained necessary Treasury consent, meaning he had not done 'everything' required of him.

How did Mascall v Mascall (1984) apply the Re Rose principle to the gift of registered land?

The gift became irrevocable in equity once the donor handed the land transfer deed to the donee, despite registration being incomplete.

Under the doctrine of unconscionability from Pennington v Waine (2002), when might a gift of shares be complete in equity despite missing steps?

When it would be 'unconscionable' for the donor to back out of the gift, such as when the donee has been told the gift is 'all fine'.

How did Zeital v Kaye (2010) limit the application of the unconscionability exception from Pennington v Waine?

It held that if a donor misses a necessary step they could have easily taken (like providing a share certificate), the gift fails.

According to Curtis v Pulbrook (2011), what are the only three circumstances where Equity will perfect an imperfect gift?

The Re Rose rule applies, there is detrimental reliance by the donee, or a 'benevolent construction' of words is possible.

What is the requirement for 'fortuitous completion' of an imperfect gift under the rule in Strong v Bird (1874)?

The donor's immediate intention to give must persist until death, and the donee must be appointed as the donor's executor.

In T. Choithram v Pagarani (2001), why was an oral declaration of a gift upheld despite the lack of legal transfer?

The donor was already one of the trustees of the foundation, and his 'conscience was bound' as a trustee (Benevolent Construction).

Why did the court in Jones v Lock (1865) refuse to treat a father's failed gift of a cheque to his baby as a declaration of trust?

Equity will not re-characterise a failed gift as a trust unless there is clear evidence of a serious intention to create a trust.

What specific statutory requirement for a 'signed' document in land gifts was confirmed in Neocleous v Rees (2019)?

A typed name in an automated email footer satisfies the requirement for an electronic signature.

Under Section 29 of the Land Registration Act 2002, how does the priority of a 'donee' differ from that of a 'purchaser for value'?

A donee does not get a 'clean slate' and takes the land subject to all pre-existing interests, whether registered or not.

To be valid under Section 9 of the Wills Act 1837, a gift by will must be in writing, signed by the testator, and _____.

Witnessed by two or more people present at the same time.

In Khan v Mahmood (2021), what doctrine was used to perfect an imperfect land transfer after the son built a house on the property?

Proprietary Estoppel based on detrimental reliance.

What happens to a debt at law if the debtor is appointed as the executor of the creditor's estate, per Strong v Bird?

The debt is discharged at law.

How does the 'benevolent construction' rule from T. Choithram v Pagarani affect the interpretation of a donor's words?

The court may interpret 'I give to the foundation' as 'I hold on trust for the foundation' if the donor is a trustee.

Define 'Chose in Action' in the context of personal property gifts.

Intangible property, such as shares or debts, where the owner has a right to sue rather than physical possession.

What is the effect of a 'Sham Trust' on a gift, as seen in Midland Bank v Wyatt (1995)?

If there was no real intention to create a trust/gift (e.g. to hide assets from creditors), the deed is void.

According to Re Steele’s Will Trusts (1948), when will old 'precatory' wording (like 'full confidence') succeed in creating a gift on trust?

If the wording is used intentionally to follow a specific legal precedent that was held to be a valid trust.

Which case confirmed that identical intangible assets, such as 50 shares out of 950, do not need to be segregated to be a certain subject of a gift?

Hunter v Moss (1994).

Why did the gift of the 'bulk' of an estate fail in Palmer v Simmonds (1854)?

The term 'the bulk' is too vague to satisfy the requirement for certainty of subject matter.

For a gift of tangible property to be certain, the property must be _____.

Segregated or specifically identified from general stock.

In Richards v Delbridge (1874), why was a grandfather's attempt to gift a lease by writing on the back of the deed unsuccessful?

He failed to use the proper formal transfer method, and equity would not save it by calling it a declaration of trust.

What is the primary rationale for the 'Every Effort' rule in Re Rose?

To ensure the donor's clear intent is not defeated by administrative delays of third parties like company registrars.

Under the principle of 'Equity follows the Law', when will equity refuse to recognise an informal gift?

When the gift contradicts specific statutory requirements (e.g. s.53(1)(c) LPA 1925 for equitable interests).

What makes a gift 'irrevocable' in equity under the rule in Mascall v Mascall?

The point at which the donor has put the transfer beyond their own power to recall by handing documents to the donee.

Which statute governs the transfer of shares in a private company?

The Stock Transfer Act 1963 (and Companies Act 2006).

What is the equitable definition of a 'volunteer'?

A person who has not provided 'valuable consideration' (something of value in the eye of the law) for a promise or transfer.

In the context of gifts, what does the maxim 'Equity looks to intent rather than form' suggest?

Equity is more interested in the actual substance of the transaction than the formal labels used by the parties.

What happens to an imperfect gift if the donor dies and the donee becomes the administrator of the estate on intestacy?

The gift is perfected under the rule in Re Ralli's Will Trusts (extending Strong v Bird).

Under the 'Three Certainties' of Knight v Knight (1840), what is 'Certainty of Intention'?

The requirement that it must be clear the donor/settlor meant to create a binding legal obligation, not just a hope or wish.

Why is the rule in Pennington v Waine (2002) considered controversial by judges like Briggs J in Curtis v Pulbrook?

It is seen as lacking a clear or rational policy objective by allowing unconscionability to bypass strict transfer rules.

What is the effect on a gift of land if it is sold for a 'peppercorn' rather than being a pure gift?

It is generally treated as a commercial transaction for 'valuable consideration', granting the buyer priority under s.29 LRA 2002.

According to Green v Ireland (2011), an 'inter vivos' gift requires clear evidence of a _____ intention to give.

Present (rather than a future promise).

In the case of Nosnehpetsj Ltd v Watersheds (2020), what was the court's stance on the Pennington v Waine exception?

It re-confirmed that it is a very narrow exception based on specific, unconscionable facts.

Which legal estate in land can be gifted without a deed if the term is for three years or less at market rent?

A 'parol' lease (s.54(2) LPA 1925).

Under the Land Registration Act 2002, what is the 'Special Rule' for purchasers for value (s.29) that does not apply to gift recipients?

The ability to take the land free of all pre-existing interests that are not protected by registration or as overriding interests.

If a donor fails to provide a share certificate alongside a transfer form, does the Re Rose rule apply?

No, because the donor has not done everything in their power (Zeital v Kaye).

What is 'Donatio Mortis Causa'?

A gift made in contemplation of approaching death, which is an exception to the rule that equity will not perfect an imperfect gift.

problem question

Step 1: Identify what type of property is to be transferred (real, or personal: tangible or intangible)

Step 2: Identify how it is going to be transferred (what type of disposition: will, sale, or gift?)

Step 3: Which legal formalities apply, and have they been complied with?

Step 4: Can Equity assist to complete the transfer? (See Equity lectures in weeks 5 and 6)]

Final step: what will happen to the property? (in whose hands will it end up?)