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  • gifts accounts for 5 out of 736 casebriefs.

Style of causeRatio

National Trustees Executors & Agency v O'Hea (1904), 10 ALR 81, 29 VLR 814

Canno relax the requirement of delivery when only other requirement met is the words spoken.

Nolan v Nolan & Anor, [2003] VSC121

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)

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.