SQE Daily.

Gift to a trust where the donor is one of several trustees (Choithram v Pagarani)

Helena Brandt executed a trust deed creating the Brandt Family Trust for her grandchildren, naming herself and her two adult sons, Lukas and Max, as the trustees. Immediately after signing, in front of all three, she said: 'I now give my investment portfolio to the Brandt Family Trust.' She intended this to take effect at once. The portfolio stayed registered in Helena's sole name, and she signed no transfer to the three trustees. She died a month later. Her next of kin, who take her estate on intestacy, argue that the gift is incomplete.

Which of the following best describes the status of the portfolio?

Choose one answer to see the reasoning.

  1. Trusts · FLK2No. L279

    Imperfect gift of shares not saved as a declaration of trust (Milroy v Lord)

    Which of the following best describes Felix's position?

  2. Trusts · FLK2No. L280

    The rule in Re Rose: donor has done everything in their power

    Who is entitled in equity to the shares?

  3. Trusts · FLK2No. L281

    Imperfect gift perfected by appointment as executor (Strong v Bird)

    Who is entitled to the piano?