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
      • Method 2
        • Transfer of trusts requires
          • Declaration of trusts
          • Transfer to trustees
          • NO CORRECT TRANSFER= incompletely constituted (ineffective)
      • Method 3
        • Self declaration to trust
    • 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
      • 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
    • Donationes mortis causa (deathbed gifts)


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