Home / Summaries / WS2 - How to make valid gifts and create trusts – intention, subject matter and formalities / transfer-bird-donor

Requirements for a Valid Gift - Exceptions to the maxim that equity will not perfect an imperfect gift

Q: Explain why the equitable interest in the shares was passed to Harold despite the owner of the shares dying before formalities were complied with to register the transfer (i.e. not handing the transfer does and share certificate to the transferee) in Pennington v Waine ?

In Pennington v Waine , Ada wanted to transfer her shares to her nephew . The transfer forms and share certificates were sent to the company's auditors. The transferee was informed of this and no action was required of him. The transferee acted in reliance of the gift accepting the position as director. The gift was held to be complete because it would have been unconscionable to have refused the transfer of shares to Harold.

Q: Explain the criticisms in Curtis v Pulbrook and how it challenges Pennington?

In Curtis v Pullbrook , the court suggested that Pennington was a case of detrimental reliance and was an example of properitary estoppel which is a recognised exception to the rule that equity will not assist a volunteer.

4 important questions on Requirements for a Valid Gift - Exceptions to the maxim that equity will not perfect an imperfect gift

Explain why the equitable interest in the shares was passed to Harold despite the owner of the shares dying before formalities were complied with to register the transfer (i.e. not handing the transfer does and share certificate to the transferee) in Pennington v Waine?

In Pennington v Waine, Ada wanted to transfer her shares to her nephew. The transfer forms and share certificates were sent to the company's auditors. The transferee was informed of this and no action was required of him. The transferee acted in reliance of the gift accepting the position as director. The gift was held to be complete because it would have been unconscionable to have refused the transfer of shares to Harold.

Explain the criticisms in Curtis v Pulbrook and how it challenges Pennington?

In Curtis v Pullbrook, the court suggested that Pennington was a case of detrimental reliance and was an example of properitary estoppel which is a recognised exception to the rule that equity will not assist a volunteer.

Explain why the loan to Bird was perfected on the death of the intended donor in Strong v Bird?

Bird's stepmother forgave him during her lifetime for the debt he owed. The debt was released when Bird was appointed executor of her will. The court held that his appointment as executor showed the donor's unchanged intention to forgive the debt.

What are the three conditions that must be met to qualify for the rule in Strong v Bird?

A) donor intends to make an immediate gift, not conditional on an event, Re Freeland.
B) Intention must be unchanged until the donor's death. If the donor deals with the property that suggests it is still owned by the donor, this prevents the intention from continuing Re Gonin.
C) The donee is appointed executor or administrator and the legal title vests in the donee.

The question on the page originate from the summary of the following study material:

WS2 - How to make valid gifts and create trusts – intention, subject matter and formalities

View summary

A unique study and practice tool
Never study anything twice again
Get the grades you hope for
100% sure, 100% understanding

Remember faster, study better. Scientifically proven.

Topics that are related to Requirements for a Valid Gift - Exceptions to the maxim that equity will not perfect an imperfect gift

Requirements for a Valid Gift - Exceptions to the maxim that equity will not perfect an imperfect gift - Every Effort' Test

Requirements for a Valid Gift - Exceptions to the maxim that equity will not perfect an imperfect gift

4 important questions on Requirements for a Valid Gift - Exceptions to the maxim that equity will not perfect an imperfect gift

Explain why the equitable interest in the shares was passed to Harold despite the owner of the shares dying before formalities were complied with to register the transfer (i.e. not handing the transfer does and share certificate to the transferee) in Pennington v Waine?

Explain the criticisms in Curtis v Pulbrook and how it challenges Pennington?

Explain why the loan to Bird was perfected on the death of the intended donor in Strong v Bird?

What are the three conditions that must be met to qualify for the rule in Strong v Bird?

Topics that are related to Requirements for a Valid Gift - Exceptions to the maxim that equity will not perfect an imperfect gift

Requirements for a Valid Gift - Exceptions to the maxim that equity will not perfect an imperfect gift - Every Effort' Test

Summaries related to Ways of Giving in Lifetime

WS2 - How to make valid gifts and create tru…

WS2 Overview of the Unregistered System

WS3 The Registered System

WS4 Co-ownership

WS7. Actions against trustees and fiduciaries

WS1 - Introduction to wills, trusts and diff…

WS3 Certainty of Objects and the Beneficiary…

8. Actions against third parties

WS6. Running a trust. Fiduciary duties.

WS5. Running Trust

WS1 Article 267 Procedure

WS5 Leases