Trust Exceptions
- Created by: vikell
- Created on: 17-11-19 21:07
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- Exceptions Constitution of Trusts
- Ineffective Transfers
- Method 1
- Outright gift requires
- a) Intention to donate
- b) Effective transfer
- IF THIS FAILS= Imperfect gift
- Outright gift requires
- Method 2
- Transfer of trusts requires
- Declaration of trusts
- Transfer to trustees
- NO CORRECT TRANSFER= incompletely constituted (ineffective)
- Transfer of trusts requires
- Method 3
- Self declaration to trust
- Method 1
- Proprietary estoppel
- The rule in Strong v Bird
- Donor promises to make inter vivos gift to donee
- Inter vivos= a transfer or gift made during one's lifetime
- Donor dies before constituting/ vesting legal title in donee
- After donor's death, donee receives property in capacity as executor of the donor's will
- Gift will be regarded as perfected
- After donor's death, donee receives property in capacity as executor of the donor's will
- Requirements
- Intention
- Of donor to make immediate inter vivos gift of specific property to donee...
- Continuation of intention until donor's death...
- Vesting of property in donee- with donee as executor of donor after donor's death
- Intention
- Donor promises to make inter vivos gift to donee
- Donationes mortis causa (deathbed gifts)
- Ineffective Transfers
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