Requirements for a Valid Gift - Exceptions to the maxim that equity will not perfect an imperfect gift - Every Effort' Test
3 important questions on Requirements for a Valid Gift - Exceptions to the maxim that equity will not perfect an imperfect gift - Every Effort' Test
What is the definition of the 'every effort' test' (Milroy v Lord)?
Where the donor has done everything in his power to transfer legal ownership to the donee and any outstanding matters beyond the donor's control is actioned by third parties.
Explain why the transfer of legal ownership was effective in (Re Rose) despite the shares being registered 3 months later?
Mr. Rose executed the appropriate form of transfer, transferring 10,000 shares to his wife. The documents were sent to the company but they did not register the shares until more than 3 months later. Even though the legal title did not pass until registration, it was still effective as Mr. Rose had done everything in his power to vest the shares in the transferes.
Explain how the 'every effort test' extended to the transfer of registered title in the land? What is the main authority for this?
In Mascall v Mascall the donor handed over a deed of transfer to the donee which was sufficient to enable the donee to become registered the legal owner.
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