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GIFTS

This is a mind map that contains information about gifts.

Edited at 2020-10-08 05:52:21

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GIFTS

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W301 UNIT 6: GIFTS

Equity will not assist a volunteer

Strong v Bird (1874) LR 18 Eq 315

Tried to release stepson from debt. Debt was released on death when stepson became executor. There was a continuing intention to give.

conditions

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

extensions

Re Stewart [1908] 2 Ch 251

Applied to gift rather than debt

Re James [1935] 1 Ch 449

Applied to adminstrator rather than executor

Donatio Mortis Causa

conditions

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

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

Dispositions of equitable interests

Dispositions of subsisting equitable interest must be in writing & signed by transferor or agent

tax avoidance

failed

Grey v IRC [1960] AC 1

Oughtred v IRC [1960] AC 206

suceeded

Vandervell v IRC [1967] 2 AC 291

Conditions for valid gift

mental capacity

must understand nature of transaction and consequences

higher for substantial gifts

intention to give

correct transfer of property

If donor has done everything necessary to transfer property, equity will regard as complete

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

Pennington v Waine [2002] 1 WLR 2075

Transfer of shares complete because transfer forms signed and transferred to auditor

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