Completely and Incompletely Constituted Trusts

Mother put money in daughter's bank account and died before she told her. Held acceptance complete when the daughter was made aware of the money and the money was then hers.

Stepson disclaimed shares stepfather had out in his name. No effective gift, and couldnt change his mind

Woman assigned property to trustees that she thought she might inherit from siblings. When they died she wanted to keep and was allowed to do so as must have titlr to the property to make a valid gift.

Said would give car to the plaintiff when could get on the road. In the meantime leant to someone else and then died. Went back to the estate as there had been no delivery. There must be delivery or the transaction is incomplete.

Uni couldn't clam for some coins in the collection not yet handed over as no doctrine of part performance (equity does not assist a volunteer).

Key to a key to a key to jewels was sufficient delivery. Delivery may be constructive if the donor has given up control.

Creditors wanted house that husband had "given" to wife. Delivery must show unequivocal intention to transfer possession, particularly in the case of a husband and wife.

Handed over one chair as delivery: can be symbolic delivery

Donee occupied house owned by donor and was given chattels. If the subject matter is already with the donee, then all that is needed is words of gift.

Lost manuscript of Dylcan Thomas. Told could have it when he found it. Delivery can be later as long as there is intention at the point of delivery.

Solicitor did not invest money as asked to by woman and became insolvent. Left a note in safe saying he was holding on trust for her and this was sufficient to create a gift via declaration of a trust (she had preference over other creditors).

Cheque to baby lacked intention to make a gift by declaration of a trust. Must comply with the three certainties.

Tried to transfer lease and contents of mill to grandson but didnt follow leg requirements so failed. Intervivos gifts of a chose in action must follow leg requirements: equity will not perfect an imperfect gift (will not assist a volunteer).

Donationes mortis causa gifts amphibious in nature. Act inter vivos so donee to get absolute title but only on death of donor

4 requirements for donationes: 1) made in contemplation of death 2)Delivery 3) Made in circ that show is to revert back to donor if they recover 4) Subject matter that can be given away