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CPD Course:
Equity and the
Perfection of Gifts
and Constitution of Trusts
Presented by
Prof. Steven Gallagher,
Associate Professor of Practice in Law,
Associate Dean (Teaching & Learning),
The Faculty of Law,
The Chinese University of Hong Kong |
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| Code: |
EVT000000241 |
Level: |
Intermediate |
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| Date: |
6 July 2018 (Friday) |
Language: |
English |
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| Time: |
14:30 - 17:45
(Reception starts at 14:00) |
Accreditation(s): |
LSHK 3.0 CPD Points |
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| Presenter's Profile: |
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Steven Gallagher was awarded a first class LL.B. He was called to the Bar of England and Wales in 2006. Steven teaches equity and trusts, property law, and digital technology and law. Steven also teaches a course on art, antiquities, cultural heritage and the law. Steven has presented continuing professional development courses for solicitors in Hong Kong on many topics associated with property. Steven’s research interests include equity and the law of trusts, art and cultural heritage law and legal history. He is not a technologist. In 2023 Steven published the first treatise dealing formally and systematically with all the major aspects of, and entitled, Digital Technology and Law.
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| Course Outline: |
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It is a maxim of equity that equity will not assist a volunteer. As donees and (usually) beneficiaries give no consideration for their gifts or beneficial interests, equity will not recognise a gift or enforce a trust if the donor or settlor has not transferred the subject matter to the donee or trustee in the manner required according to the nature of the subject matter. This seminar will consider the restrictions equity places on the perfection of gifts and constitution of trusts and the need for certainty. The seminar will consider the exceptions to these restrictions that have developed in Hong Kong and England such as the rule in Strong v Bird, coincidental receipt of property and recent cases considering the “unconscionability test” in Pennington v Waine [2002] EWCA Civ 227. Recent Hong Kong cases involving the application of the doctrine of donationes mortis causa and the passing of land as a gift made in the contemplation of death will be considered.
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| Course objectives: |
- To consider the restrictions equity places upon the perfection of gifts and the constitution of trusts;
- To examine the relaxation of the rule of perfection and constitution;
- To examine the judgment in Pennington v Waine and its possible extension as a new principle for perfection of gifts;
- To examine the rule in Strong v Bird and its limits and overlaps with other doctrine, for example proprietary estoppel;
- To consider the application of the coincidental receipt principle;
- To consider the application of donationes mortis causa in Hong Kong.
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This course is provided by: |
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Telephone: +852 3118 2371 | Facsimile: +852 3118 2372 Postal Address: P.O. Box 9993, General Post Office, Hong Kong |
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