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Equity & Trusts - Consitution Excemptions

Hi, I have an e+t exam tomorrow and I am just going through some past papers to get comfortable in applying what Ive learned.

However on one paper I am confused as to which constitution exception to apply, it appears to be a DMC due to the drastic language used but I am unsure if i right in thinking it also looks like it satisfies the rule in strong v bird as she

a) has intention to make an inter vivos gift
b) of specific property (the key)
c) it continues to her death as she dies
d) donee becomes the donors executor/administrator... as she is then granted letters of administration to Kimberleys estate so seemingly perfecting strong v bird

Am i right in arguing both of these if something similar were to come up in the exam?

heres the part of the scenario in question...


"On her way to see her solicitor with her cousin, Stacey, Kimberley began to experience a severe and dizzying headache, which caused her to collapse. Stacey phoned an ambulance and whilst waiting for it to arrive, Kimberley handed her a key and said to her, “This is it, I’m fading fast. Please take this, it fits the top drawer of the desk in my study. You are to have what is in it”. As the paramedics arrived, Kimberley managed to get herself to her feet but fell dizzy and stumbled into the path of a passing taxi. The collision killed her instantly. After Kimberley’s funeral, Stacey visited Kimberley’s home and opened the desk drawer to find title documents to Lofty Heights, a leasehold penthouse apartment in London’s West End.

Stacey was granted letters of administration of her cousin’s estate last month. Nadine and Sarah seek advice in relation to Cheryl’s will and the validity of the dispositions and Stacey wants to know who is entitled to Kimberley’s shares and the leasehold apartment."


thanks for any help! :smile:
Reply 1
yup :smile:

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