Trusts Law

• What are the fundamental principles of Equity regarding gifts?

  Equity will not assist a volunteer.
• What does it mean that 'Equity will not strive officiously to defeat a gift'?

  Equity recognizes certain exceptions to gift failures.
• In what circumstances will equity treat a gift as complete despite legal title being with the wrong person?

  When the transferor has done everything possible.
• What is the general rule following Milroy v Lord regarding imperfect gifts?

  Equity will not perfect an imperfect gift.
• What must the owner do according to Turner LJ in Milroy v Lord?

  Do everything necessary to be done.
• What does it mean for a transferor to do everything within their power?

  They must take all necessary actions to transfer title.
• What did the Court of Appeal hold in Re Rose regarding share transfers?

  The transfer was effective in equity once documentation was delivered.
• What was the issue in Re Rose regarding estate duty?

  Whether equitable title passed before the key date.
• What established the constructive trust in Re Rose?

  The correct method of transfer was used.
• What is the significance of the documentation ending up with the registrar in Re Rose?

  It ensured the transfer could be legally completed.
• How did Mascall v Mascall extend the Re Rose principle?

  It applied the principle to registered land gifts.
• What was the outcome in Mascall v Mascall regarding the father's gift?

  The gift was complete in equity and irrevocable.
• In the scenario with Narinder and Sergei, who has beneficial entitlement to the shares?

  Sergei holds the shares on constructive trust.
• What does it mean to put matters beyond the control of the transferor?

  The transferor cannot revoke the gift after transfer.
• What is the rule in Strong v Bird regarding gifts?

  It operates when a donee becomes the donor's personal representative.
• What are donationes mortis causa?

  Gifts made in anticipation of imminent death.
• What conditions must be met for a valid donatio mortis causa?

  The donor must intend the gift to be conditional on death.
• What are the exceptions to the rule in Milroy v Lord?

  • Principle in Re Rose
  • The unconscionable principle
  • Fortuitous Vesting
  • Donationes Mortis Causa
• What factors make it unconscionable for a donor to resile from a gift in Pennington v Waine?

  • Gift made of donor's free will
  • Transfer form signed and given to agent
  • Agent informed donee of no further action needed
  • Donee agreed to take on directorship
  • Donor countersigned consent for directorship
• What is the significance of the case Khan v Mahmood regarding the unconscionable principle?

  • Focuses on donor's conduct
  • Reliance is not a necessary factor
  • Emphasizes intention to transfer interest
  • Conduct of donor was self-serving