Last visited:
Created by 121.1.18.237 on 3 November 2009, at 10:34



From Law wiki, the wiki for law research

Jump to: navigation, search
Milroy v. Lord
Court Court of Appeal
Date decided 1862
Citation(s) [1861-73] All ER Rep 783, 7 LT 178
Transcript(s) transcript at BAILII<ref name="bailii-1862EWHCJ78"/>
Judge(s) sitting Knight-Bruce, Turner


(1862) 4 De GF & J 264. This case sets out the principle that a gift will only be enforceable under a court's equitable jurisdiction if it is made in one of three ways

  1. An outright transfer of the legal title to the beneficiary
  2. An outright transfer to trustees to hold on trust for the beneficiary
  3. A self-declaration of trust

These categories are mutually exclusive, and it must be clear into which of them the donor's actions fall.

See jones v locke (1865) for an example of the Milroy v Lord principle may work against the clear intentions of the donor. See also imperfect gift.
Ukflag.png
Trust Law article

Contributors

Chief Lawiki, Moha

This page was last modified on 23 December 2011, at 07:11.This page has been accessed 4,213 times.