Hostname: page-component-848d4c4894-nr4z6 Total loading time: 0 Render date: 2024-05-12T22:16:43.862Z Has data issue: false hasContentIssue false

Explaining Re Rose: The Search Goes On?

Published online by Cambridge University Press:  11 August 2003

Get access

Extract

It is often stated that equity will not perfect an imperfect gift: failed donative intent will not be construed as a declaration of trust (Milroy v. Lord (1862) 4 De G.F. & J. 264). The justification, as recognised by Maitland ﹛Lectures on Equity, p. 74), arises from the fundamental difference between donors and trustees. The donor divests himself of all responsibility regarding the property he gives whilst the trustee often assumes onerous fiduciary duties over property. Thus to impose trusteeship upon a would-be donor is to impose an outcome that results in far greater responsibility than the donor anticipated. Re Rose [1952] Ch. 499 recognises an exception to this rule, namely that when a donor has done all that only he was able to do to effect a gift at law so that the donee is able to complete the legal transfer by himself, the donor will hold the property on trust for the donee and the gift, although imperfect at law, is effective in equity.

Type
Case and Comment
Copyright
Copyright © Cambridge Law Journal and Contributors 2003

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)