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Equity and trust- formalities problem question- PLEASE HELP

Laura i
(edited 3 years ago)
Hello, I can't see the question.
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help2017
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Original post by Kenn Scott
Hello, I can't see the question.

Hi so my question is if A wishes to transfer B shares to hold on trust for C. A completes the share transfer form and hand it to B who takes a while to register it. at a later date A actually relaises that she never signed the form and having had a row with C wants the shares back.

My question is:

how would you approach this? what are the key points and also the less obvious issues
Original post by help2017
Hi so my question is if A wishes to transfer B shares to hold on trust for C. A completes the share transfer form and hand it to B who takes a while to register it. at a later date A actually relaises that she never signed the form and having had a row with C wants the shares back.

My question is:

how would you approach this? what are the key points and also the less obvious issues

It's about Milroy v Lord and incomplete gifts. Penningtom v Waine would be the case I would use. There aren't any 'less obvious' issues so far as I can see from the limited facts provided. It's a bog standard 'constitution' question.

For what it's worth, my conclusion would be that P v W is distinguishable on the facts so that equity will not perfect the gift here.

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