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Three ways to benefit another
- outright gift
- transfer to trustees
- declaration of self as trustee
- If settlement intended to be by one mode, courts will not apply another
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Conditions for valid gift
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mental capacity
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must understand nature of transaction and consequences
- higher for substantial gifts
- intention to give
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correct transfer of property
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If donor has done everything necessary to transfer property, equity will regard as complete
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Re Rose [1952] Ch 499
- Transfer of land considered complete although donee had not registered
- Followed in Mascall v Mascall (1984) 50 P&CR 119
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Pennington v Waine [2002] 1 WLR 2075
- Transfer of shares complete because transfer forms signed and transferred to auditor
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Dispositions of equitable interests
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Dispositions of subsisting equitable interest must be in writing & signed by transferor or agent
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tax avoidance
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failed
- Grey v IRC [1960] AC 1
- Oughtred v IRC [1960] AC 206
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suceeded
- Vandervell v IRC [1967] 2 AC 291
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Equity will not assist a volunteer
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Strong v Bird (1874) LR 18 Eq 315
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conditions
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Donor intends to make immediate gift of specified property
- Re Freeland [1952] 1 Ch 110
- must be intention to made immediate gift
- incomplete transfer is only reason not perfected
- Re Gonin [1979] 1 Ch 16
- must treat as if given at time of imperfect gift
- Transfer is ineffective
- Intention is unchanged until death
- Donee is made executor or administrator and receives legal title, which perfects the gift
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extensions
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Re Stewart [1908] 2 Ch 251
- Applied to gift rather than debt
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Re James [1935] 1 Ch 449
- Applied to adminstrator rather than executor
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Donatio Mortis Causa
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conditions
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made in contemplation, but not necessarily expectation, of death
- Wilkes v Allington [1931] 2 Ch 104
- Must be real and substantial apprehension of premature death
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must part with dominion over property
- Birch v Treasury Solicitor [1951] Ch 298
- indicia of title
- Re Lillingston [1952] 2 All ER 184
- Gave key to trunk containing key to safety deposit box
- Woodward v Woodward, The Times, 15/3/1991
- Car keys handed to donee
- Sen v Headley [1991] Ch 425
- DMC of land although not registered, but title deeds passed to donee
- intended to revert i.e. conditional on donor's death