16 Questions
What are the customary law requirements that must be met for a gift to be considered a perfect gift?
The donor expresses the intention to make the gift and the subject matter must be delivered to the donee during the donor's lifetime.
Under what circumstances will equity perfect an imperfect gift?
If any of the customary law requirements for a perfect gift are lacking.
What action by the donee signifies acceptance of a gift during the lifetime of the donor?
Exercising right of ownership of the subject matter of the gift.
What makes a gift imperfect according to the text?
If any of the customary law requirements for a perfect gift are lacking.
Why is it important for equity not to perfect an imperfect gift?
To uphold the legal requirements for a valid gift.
What is a holographic will?
A will that is not written nor attested by two witnesses.
In a gift inter vivos, what is expected from the grantee?
To make no payment to the grantor.
What is necessary for a gift to be considered valid?
The donor must be the owner of the property being gifted.
What distinguishes a gift from a sale?
In a sale, covenants are implied by law.
What is required for a holographic will to be considered valid?
It must be handwritten by the testator.
What type of will is an oral will witnessed while the testator is near death?
Nuncupative will
What rule allows an imperfect gift to be perfected when the donee is appointed as executor or administrator of the donor's estate?
Strong v Bird rule
In which case can a gift be perfected by appointing the donee as executor or administrator of the donor's estate?
Ralli’s Will Trust Ch 288; 3 All ER 940
Under which circumstance can the vesting of the property in the putative donee as executor/administrator perfect an incomplete gift?
When the intentions to make the gift continue until the donor's death
Which type of gift is made by the donor during their lifetime to take effect after their death?
Donatio mortis causa
What are the three main conditions required for a Donatio Mortis Causa to be perfect?
Donor must contemplate impending death, gift must be conditional on donor's death, and donor must part with dominion
Test your knowledge on the Law of Testate and Intestate Succession, focusing on topics such as Nuncupative and Holographic wills. Learn about the differences between handwritten and oral wills, and the requirements for witnesses.
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