Donnas Will

Create a thesis and an outline on Donnas Will. Prepare this assignment according to the guidelines found in the APA Style Guide. An abstract is required. Mere expression of intent to donate, transfer, or create a trust without any positive action will not suffice. As held in Milroy v. Lord (1862) 4 De G.F. & J. 264, in order for a trust to be effective, the subject property must be transferred to the trustee. Hence, where the trustor has not done anything to complete a transfer of property to the trustee, the law of equity will not come to the aid of the trustee unless the trustor has done everything in his power that is necessary to effect a transfer of trust property. In the similar case of Re Rose [1949] Ch 78, the donor intended to donate shares in a company. The donation herein was held to be valid because here, the donor executed a share transfer form, which was delivered to the donee, together with the appropriate share certificate. The court held that even if the legal title to the shares has not yet passed to the donee because the transfer was not yet registered with the company, the donor has already done everything under his control and power to effect the transfer of property to the donee. This step is lacking in the case at hand. Here, Donna merely sent a note to her mother without executing the necessary documents to complete the intended transfer of shares to her intended beneficiaries, Sam and Mandy. Hence, the donation to the latter was legally inexistent. Also, the transfer of stocks requires compliance with certain formalities such as the execution of a deed of transfer or any act of formal conveyance, and presentation thereof, together with the stock certificate to the company, which in this is the Burberry Co., for purposes.

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