PRV4 144 Lecture Notes - Lecture 11: Unsecured Creditor, Specific Performance, Basement

• School: McGill University
• Department: Private Law 4
• Course: PRV4 144
• Professor: Richard Janga

Document Summary

Donatio mortis causa; transfers of estates in land. In re cole, it was held that it is more difficult to make delivery b/w people that live together. It is not a legal interest, but nonetheless it is protected by the legal system. Ex: when that person dies, the beneficiary of the declared trust is valid and enforceable against the e(cid:454)e(cid:272)uto(cid:396)(cid:455)"s of the estate: you do not need delivery to bring about a declaration of trust. You are not transferring your legal rights, which requires delivery. If the property is not an interest in land, there is no formality requirement for a declaration in land: equity will not protect an imperfect gift. If a person intended to make a gift inter vivos but it is imperfect because of a lack of delivery, you do not make that problem go away by saying you will treat it as a declaration of trust.