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Style of causeRatio

Re Bayoff Estate, 2000 SKQB 23

There are three elements required to perfect an DMC gift:
** 1. Impending death from an existing perill
** 2. Actual death of donor;
** 3. Delivery (actual or constructive).

The general rule is that equity will not perfect and imperfect gift. However, courts may apply an exception: the Strong v Bird rule.

Strong v Bird, [1874] LR 18 Eq 315 (UK Ch D)

When a donee of an imperfect inter vivos gift becomes the executor of the donor's estate, it perfects the gift.

For the rule to apply, there are four conditions:
** 1. The donee must be an executor of the donor’s estate
** 2. The donor must have intended to give donee an inter vivos gift
** 3. The donative intention of the donor did not change before death
** 4. The subject matter of the gift must be capable of enduring the death of the donor.

This is an exception to the general rule that equity will not perfect and imperfect gift.