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Nolan v Nolan & Anor, [2003] VSC121


Jinx claimed that Sidney had given paintings to her mother Cynthia as an inter vivos gift. The paintings had not been delivered to Cynthia before she died.


Delivery is the legal act essential to complete a gift.

There are three elements required to perfect an inter vivos gift:
1. Intention on the part of the donor to make a gift;
2. Intention on the part of the donee to accept the gift;
3. Delivery of the object concurrent to intention (may be actual or constructive)


A inter vivos gift is a gift between two living people meant to take effect during the life of the people who are party to the transaction

Court found that because the paintings were not delivered to Cynthia (in addition to lack of words of intent, though not necessary), there was no evidence of donative intention. Delivery is the legal act essential to complete a gift.

Although delivery can precede, accompany or follow the gift, donative intention must be concurrent with delivery. Also, the donor must have done everything possible to effect delivery – donor must give up all present and future control over the object

** Relationship between the parties: Professional? Then less likely a gift. Personal? more likely a gift
** Value of the gift: More valuable? Less likely a gift. Less valuable? more likely a gift.


Decision against Jinx.

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