Midland Bank v Rose is an example of what exception to Milroy v Lord?
S has done everything in her power to effect the transfer
When do a court not require signed writing?
When they feel Bs interests need protecting if they relief on receiving the property, sidestepping formalities
What does the Companies Act 2006 part 21 say?
shares in private companies need a signed share transfer form, a share certificate, payment of a stamp duty and then registration by the company registrar
What case showed that writing for inter vivid declarations needs to specify B, trust property and nature of the trust?
Smith v Matthews
What did H&M believe about the case of Strong v Baird, in regard to stepson's position as executor?
If he had been an administrator, the case would have been decided differently
Why was the transfer incomplete in Milroy v Lord?
No new entry in the register of shareholders
Corin v Patton judgment
Sister needed certificate from bank to transfer land to brother, but she died; Re Rose did not apply because only she could get the certificate
What section of what statute states you need registration to transfer legal title of registered land?
LRA 2002 s.29 and 30
LPA 1925 s.53(2)
S.53(1) does not apply to CTs or RTs - B may acquire interest through Rochefoucauld v Boustead
Midland Bank v Rose judgment
Adopted Milroy v Lord speech that 'S must have done everything which... was necessary' as not requiring transfer to have actually happened
Baird v Baird judgment
Property needs to belong to T in his lifetime; declaration can always be revoked during his lifetime
Richards v Delbridge judgment
Intent to make an absolute gift, but failing transfer requirements does not suffice for court to find a trust
Strong v Baird general
What case showed the CoA in British Virgin Islands rejecting Re James extension of Strong v Baird?
Mascall v Mascall general
Legal title to son, then fell out
What absurdity did the court highlight in Strong v Baird?
Making stepson sue himself for the debt as the executor
What is the basic rule for incompletely constituted trusts, and what case does it come from?
Milroy v Lord: courts will not reinterpret an attempt to transfer legal title to X as being a declaration of trust by S for the benefit of X
What section of what statute states you need a deed to transfer legal title of registered land?
LPA 1925 s.52
Rose v IRC is an example of what exception to Milroy v Lord?
S has done everything in her power to effect the transfer
Re James GENERAL
Son to housekeeper; administrator
Pennington v Waine general
Company shares, nephew transfer and director
What does Wills Act 1837 s.9 cover for formalities?
Re Stewart judgment
Wife was made executor, intention continued up until death so perfected the imperfect gift
Pennington v Waine facts
Auditor of company told the nephew that S had done everything she needed to, but auditor hadn't - needed to change name on the register
What case made it clear that a transfer under Strong v Baird is not a bar to a claim on the property by creditors of the testatrix?
Bone v Stamp Duties Commissioner
Corin v Patton general
Australian case - sister certificate
In what two ways do the courts sidestep Milroy v Lord?
If they believe S did actually intend to make himself a trustee, and when the court believe there is a specific reason to impose a trust
What are the formalities for an inter vivos declaration of trusts of land?
LPA 1925 s.53(1)(b) - signed writing 'by some person who is able to declare such trust'
What case was approved in Rose v IRC?
Midland Bank v Rose
How did Pennington v Waine leave the law uncertain on the issue of unconscionability?
Allowed a beneficial interest to arise 'whenever it would be unconscionable, in the eyes of equity' for S to change her mind and not proceed
Give at least two examples of courts sidestepping Milroy v Lord by believing S did actually intend to make himself a T
Paul v Constance; Choithram v Pagarni; Re Ralli's WT; Richards v Delbridge
What did Re Stewart say about the transfer to executors upon death of the testatrix?
It is automatic
What did Lord Browne-Wilkinson in Westdeutsche v Islington LBC consider misleading in Misland Bank v Rose?
The idea that there is a separate legal and equitable title before separation of the two
what case suggested Pennington v Waine was merely an application of PE, and courts do not take a broad interpretation of it?
Curtis v Pulbrook
Who in Rose v IRC said that as long as the doc was apt and proper, Milroy does not apply pending completion by a third party?
Master of the Rolls
Rose v IRC judgment
Owner from moment the documents were sent to the registrar
What duty does a mere power not include, unlike a fiduciary power?
Duty to distribute
what two inter vivos declarations of trusts of land formalities are covered by LPA 1925 s.53(1)(b)?
Declarations of trust relating to land and disposition of an equitable interest/trust
Choithram v Pagarni general
Cancer, charitable foundation
Re Ralli's WT judgment
Intention to set up trust by way of transfer does not preclude a self-declaration of trust pending the transfer
Bone v Stamp Duties Commissioner
No bar to a claim on the property by creditors of the testatirix
What case suggested contrary expressions of a gift prior to death may be ignored if the intent to gift is confirmed in the will?
What case gives the requirements for a gift under the rule in Strong v Baird?
Strong v Baird judgment
Naming stepson executor was taken to show an intention to release him from the debt permanently
What does LPA 1925 s.53(1)(b) cover for formalities?
Inter vivos declarations of trusts of land
Re Stoneham judgment
Contrary expressions prior to death may be ignored if intent is confirmed in the will
Pennington v Waine judgment
Found the transfer to be valid
what part of what act covers inter vivos dispositions of subsisting equitable interests?
LPA 1925 s.53(1)(c)
Re James judgment
Extended Strong to when the debtor becomes the administrator of the creditor's estate
Mascall v Mascall judgment
No longer possible to revoke the transfer, despite the fact that the transfer still needed registration and stamping, because the son had a POWER to acquire the property
What case made it clear that failure of transfer requirements does not suffice for court to find a trust?
Richards v Delbridge
What is donations mortis causa?
When S is contemplating imminent death, there is no need for formalities to transfer title. Kept within very strict bounds.
what did Jessel MR in Strong v Baird say was insufficient?
'I forgive this debt'
The Wills Act 1987 s.9 affects all what kinds of title?
Legal and equitable title
What formalities are needed for bills of exchange?
Endorsement and a copyright by writing
Richards v Delbridge general
Intent to make an absolute gift
What case relied on the fact that the son had a POWER to acquire the property, and thus Milroy v Lord did not apply?
Mascall v Mascall
H&M on Pennington v Waine
Judges have a 'strong disposition to give effect to (D's intention) to the fullest extent', but frustration of D's intent alone should be insufficient as formalities are important.
What formalities are needed for testamentary trusts?
Property to executors to pay all debts, and then equitable obligation to distribute according to the will, or intestacy
What are the formalities for transfer of legal title to chattel?
By delivery or by deed of gift
Choithram v Pagarni facts
Gave certain property to charitable foundation, had cancer - impossible because charitable foundations lack legal personality
Chopra v Bindra general
benefit to estate if trust void
Who, on the topic of unconscionability, suggested judges have a 'strong disposition to give effect to (D's intention) to the fullest extent', but frustration of D's intent alone should be insufficient as formalities are important?
Hayton and Mitchell
Who said that it is misleading to think of D as having a separate legal and equitable title 'unless and until there is a separation'?
Lord Browne-Wilkinson in Westdeutsche v Islington LBC
What are two criticisms of Midland Bank v Rose?
See equity bypassing transfer rules and contradicting common law; misleading to think of D as having a separate legal and equitable title 'unless and until there is a separation'
Under what statute and what section can you find formalities for transfer of legal title to registered land?
Deed (LPA 1925 s.52) and registration (LRA 2002 s.29 and 30)
What section of what statute give the formalities for an inter vivos declaration of trusts of land?
LPA 1925 section 53(1)(b)
What did the Master of the Rolls say in Rose v IRC?
As long as the doc was apt and proper, Milroy does not apply pending completion by a third party
What part of what Act gives the relevant formalities for inter vivos transfers of legal title to shares in private companies?
Companies Act 2006 part 21
Curtis v Pulbrook
Pennington was an application of PE - courts do not take a broad interpretation of it
Re Pagarani judgment
CoA in British Virgin Island rejected Re James extension of Strong v Baird
What case stated that as long as the doc is apt and proper, Milroy does not apply pending completion by a third party?
Rose v IRC
Re Stewart general
Imperfect gift to wife
Baird v Baird general
Belong to T in lifetime for trust
Smith v Matthews judgment
Writing for inter vivos declarations need to specify B, the trust property and the nature of the trust
What is the name of the action which courts use to sidestep formalities for transfer - equitable action?
What did the court highlight did not affect the validity of the trust in Choithram v Pagan?
Failure of T (S) to convey legal title to all Ts did not affect validity of the trust
What judge in what case criticised the decision in Re James?
Justice Walton in Re Gonin
What section of what statute gives that a will needs to be signed and attested or it is void?
Wills Act 1837, section 9
What analogy was drawn in Strong v Baird?
Between a gift of £X and release of a debt in a will
Rose v IRC general
Shares to transfer to wife - registrar cross out name
Forster v Hale on formalities for inter vivos declarations
Writing can be in linked documents
Strong v Baird facts
Intention to release stepson from debt up until death. Temporarily reduced payments to stepson, but then returned to normal. Named stepson executor in will.
Why is the judgment of Pennington v Waine difficult?
Creates issue with Re Rose as A is S's agent, and he had not done everything within his power
Re Innes judgment
Gift under Strong v Baird needs to be immediate, relating to specific property and with a 'present intention of giving'
Name the five specific reasons that courts allow exceptions to Milroy v Lord
S has done everything in her power to effect the transfer; rule in Strong v Baid; donationes mortis cause; proprietary estoppel; and unconscionability
Smith v Matthews general
What case gives that an individual can acquire an interest without formalities in a RT or CT?
Rochefoucauld v Boustead
Re Pagarani general
British Virgin Islands
Choithram v Pagarni judgment
Interpreted as property on trust to Ts for charitable purposes - he was one T, and failure to convey legal title to all Ts did not affect validity of the trust
How could you argue Pennington v Waine to make it unproblematic?
Unconscionability of denying the transfer on the nephew
Whose speech did Midland Bank v Rose adopt?
Turner LJ in Milroy v Lord
What case interpreted an intent to give property to a charitable foundation as property on trust to Ts for charitable purposes?
Choithram v Pagarni
What transfer needs an endorsement and copyright by writing?
Bills of exchange
What case left the law uncertain on when it would be unconscionable for S to change her mind and not proceed with a transfer/gift?
Pennington v Waine
What formalities are needed when trust property is an equitable interest under another trust?
In what case did the court refuse to apply Re Rose because the sister had not done all that was in her power to effect the transfer?
Corin v Patton
Chopra v Bindra judgment
If void, benefit goes to estate of T, giving a reason for someone taking a share of T's estate to frame the disposition as testamentary
What does signed writing ensure?
Evidential certainty and S actually did want to create a trust by requiring elaborate declaration
What are the formalities for the transfer of legal title to registered land?
Deed and registration