Equity and the Law of Trust Chapter 6§ 6

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Questions and Answers

What was the result of F's oral release of the debt?

The debt was effectively released

The debt remained unchanged (correct)

The debt was transferred to the estate

The debt was partially released

According to Jessel MR, what is the common law rule regarding a deceased creditor appointing his debtor as executor?

The debt is extinguished or released (correct)

The debt is transferred to the estate

The debtor becomes liable for the debt

The debt remains unchanged

According to Jessel MR, what must be shown in order for there to be liability in the equitable jurisdiction?

The executor must be appointed by the residuary legatees

There must be evidence of a continuing intention of gift (correct)

The debt must be repaid in full

The debtor must prove the will

Which of the following is a requirement for a valid donatio mortis causa?

The gift must be made on the condition that it is to be absolute and perfected only on the donor's death Signup and view all the answers

What is a possible reason why a donatio mortis causa in contemplation of suicide was not valid before the Suicide Act 1961?

It would require the donor to commit a crime Signup and view all the answers

What is a condition for a valid donatio mortis causa?

The gift must be made in expectation of death Signup and view all the answers

What is necessary for a delivery to be considered sufficient for a donatio mortis causa?

The delivery must be made before the donor dies Signup and view all the answers

Which case involved a decision on an inter vivos gift?

Re Swinburne Signup and view all the answers

According to the Trusts of Land and Appointment of Trustees Act 1996, what happens when a legal estate in land is purportedly conveyed to a minor?

The minor can hold the legal estate in trust. Signup and view all the answers

What is the significance of the uncorroborated evidence of the claimant in a case involving donatio mortis causa?

The court must scrutinize it very carefully. Signup and view all the answers

Which type of gift is not a proper subject of a donatio mortis causa?

Shares in a public company Signup and view all the answers

What happened to the plaintiff's cheque for the increased amount after the donor's death?

It was paid into the donor's estate account Signup and view all the answers

Why did the plaintiff fail in her claim?

She did not receive any funds from the original cheque Signup and view all the answers

What type of gift is not considered a valid donatio mortis causa?

A cheque given by the donor to the donee Signup and view all the answers

What is the principle of donatio mortis causa?

It is a gift that takes effect only after the donor's death Signup and view all the answers

What is the better view regarding the delivery of a key in a gift?

The delivery of the key is not symbolic but gives the donee access to the subject matter Signup and view all the answers

What is the requirement for a donatio mortis causa if the subject matter is a chose in action?

The appropriate document must be delivered Signup and view all the answers

What is necessary for a donatio mortis causa to be effective?

The gift must be made in contemplation of impending death Signup and view all the answers

What is the rule regarding the intention of a testator to give the beneficial interest to the executor?

The intention of the testator countservails the equity of beneficiaries under the will Signup and view all the answers

What is the effect of the donor retaining a duplicate key in a gift involving the delivery of a key?

The donor retains dominion over the subject matter Signup and view all the answers

Which of the following documents have been held valid for a donatio mortis causa by delivery of the appropriate document?

All of the above Signup and view all the answers

When does the rule regarding the intention of a testator to give the beneficial interest to the executor apply?

It applies only to gifts of personal estate made by a testator to his executor Signup and view all the answers

Study Notes

The Principle of Strong v Bird and Donatio Mortis Causa

In the case of Strong v Bird, the step-mother made quarterly payments for her board and lodging in her step-son's home.
The step-mother lent her step-son £1100, with the understanding that the loan would be repaid through reductions in the quarterly payments.
After two reduced payments, the step-mother insisted on making full quarterly payments and forgave the remaining debt orally, but the release was ineffective.
The step-mother appointed her step-son as her executor and he proved the will.
The residuary legatees claimed that the step-son should repay the remaining debt to the estate, but the step-son argued that he had no obligation to do so.
Jessel MR referred to the common law rule that appointing a debtor as executor extinguished the debt, but held that there would still be liability in the equitable jurisdiction unless there was equity to the contrary.
Jessel MR held that the step-son had established a continuing intention of gift, perfected by the grant of probate, and there was "no equity against him to take the property away from him."
The principle of Strong v Bird was extended in Re Stewart, where a testator expressed the intention of making a gift of personal estate to his wife, who became one of his executors.
The rule applies when the testator had a continuing intention of the gift and no intention inconsistent with the result of the appointment.
The principle was further extended in Re James, where it was applied to an imperfect gift of real property and to a housekeeper who acquired the legal title by being appointed as one of the administratrixes of the estate.
The principle does not apply to a mere promise to make a gift in the future or when the intending donor desires to apply the subject matter of the gift to another purpose.
Donatio Mortis Causa is a gift made in contemplation, although not necessarily in expectation, of impending death, and is neither entirely inter vivos nor testamentary. It becomes effective and complete upon the donor's death.

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Test your knowledge of the legal case Trimmer v Danby201 and the concept of donatio in English law. Explore the key facts and arguments surrounding the failed gift and the role of the housekeeper.