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25 terms

Constitution of UK Trusts

STUDY
PLAY
Milroy v Lord
equity will not perfect an imperfect gift, treat it as a self-declaration (Jones v Lock) or assist a volunteer; Turner LJ - S must do everything necessary to be done (S 'transferred' shares by deed to L, L did not register, thus failed transfer, trust not constituted)
Re Cole
Chattel can be transferred by deed or actual delivery (plus intent)
Jones v Lock
intended absolute gift of a cheque, failed, court did not find him to be T for 'B'. (cheque not endorsed/made out to himself)
Choithram v Pagrani
expressing irrevocable intention to declare property as trust's, when S is one of several Ts, is sufficient without transfer - legal duty to transfer to the others now, SP/equity regards as done that which ought to be done/perfect the gift. rejection of 'equity vs volunteer/perfect a gift' maxim
Re Rose
share transfer effective in equity once S past point of no return:
1. Used correct method
2. No further action required by S
3. Cannot revoke the transfer / gift
Mascall v Mascall
S executed all docs, handed them to T/B, pending Land Registry - Re Rose applied
Re Fry
pre-Rose; not got Treasury approval for share transfer; trust not constituted
Pennington v Wayne
wider than Re Rose - delivery to donee not essential. Clear intent to make immediate gift (construe words accordingly - principle of benevolent construction; S and 3P become D's agent for registering the shares), third party and donee informed, clear assumption by both S and D that it was done; unconscionability test; rejection of 'equity vs volunteer' maxim. Could also be a unilateral contract, offer by Pennington, as Ada Crampton's agent
Strong v Bird
imperfect gift perfected upon appointment of D as executor on death/administrator on intestacy - immediate inter-vivos gift intended, continuing intention until death (debt forgiven, no deed or consideration)
Re James
Strong v Bird extended to property (outright gift; title deeds given to person who became administrator - thus got legal title)
Re Gonin
Strong v Bird requires continuing intention til death, and immediate gift (land promised when dead, changed mind, left cheque instead, cheque does not endure post mortem) - becoming admin did not perfect gift of land and cheque invalid
Re Freeland
Strong v Bird requires immediate gift, and for chattel this means delivery (car, still in hands of 3rd party) - Buckley J seemed to overlook this point in Re Ralli - might not be required for trust
Cain v Moon
donatio mortis causa: 3 rules (contemp, condi, deliv) (+ subject matter)
Sen v Headley
land dmc, title deeds (handed over keys to box containing the deeds = handing over dominion = "constructive delivery")
Birch v Treasury Solicitor
account dmc, essential indicia (passbook)
Re Beaumont
cheque from donor lapses on her death (not cheque payable to donor, that is still property that subsists)
Gillett v Holt
Prop estoppel; promise or assurance, repeatedly over long period (cf Pennington); detrimental reliance; range of equitable remedies
Cannon v Hartley
Covenant to settle after-acquired property is remediable at common law (damages) but not enforceable (equity cannot assist volunteer) by B when B is party to the deed / direct covenantee
Re Plumptre's Marriage Settlement
Next of kin not parties to the covenant or its consideration - no cause of action
Pullan v Koe
Marriage is consideration recognised by equity (thus enforceable) - and the covenant includes children implicitly
Tweddle v Atkinson
privity of contract applies to block suits on pre-Contracts (ROTP) Act 1999 covenants
Re Pryce
B cannot get T to sue for damages for ignored covenant to settle when B has no privity
Re Ralli's WT
Equity doesn't care how fortuitously T acquired legal title; so long as he did, equity only asks who in equity can prevent him taking absolutely (trustee of two trusts, bridged them despite no overt LT transfer to the recipient of the eq. interest)
Wilkes v Allington
DMC can function if death is from some other cause
Re Stewart
Applies Strong v Bird to perfect a gift