constitutions

Constitution - transfer of the rights from settlor to t'ee e.g. transfer of e benefit, s.53(1)(c) 1925 Act The effect of perfect constitution - B can enforce the trust against the t'ee. It does not matter even if B gives nothing in return Milroy v Lord - equity will not assist a volunteer to perfect an imperfect trust. imperfect constition cannot be interpreted as a declaration by the settlor of himself as trustee Richards v Delbridge - same argument for gifts EXCEPT 6 situations: 1) detrimental reliance - Pascoe v Turner, Dillwyn v Llewelyn 2) Re Rose - while the settlor has done everything in his power to perfect the gift/trust (3rd party's assistance is needed), court will perfect the gift criticism: no detrimental reliance, no base, and maxim "equity looks upon that as done which ought to be done" does not actually apply here. 3) Strong v Bird testatrix (留有遺囑的死者)intend to release the debt, i.e., promise not to sue. Re Stewart extend the rule from releaseing debt only to all kind of rights. 4) The rule in Ralli details: pls see covenants to settle 5) Donatio mortis causa If I die, this watch is yours. Normally such gift would be subject to Wills Act 1837, which prohibit oral wills. But court render valid. Conditions for the operation: Cain v Moon. 6) unconscionability. Pennington v Waine - same facts, but result hard to reconcile with M v L.