GIFTS

W301 UNIT 6: GIFTS
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
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
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
Equity will not assist a volunteer
Strong v Bird (1874) LR 18 Eq 315
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
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