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