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ExceptionTo the Rule That Equity Does Not Assist a Volunteer.
Member rating: No Rating | Words: | Submitted: Thu Jul 22 2004
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EXCEPTION TO THE RULE THAT EQUITY DOES NOT ASSIST A VOLUNTEER If the beneficiary is a volunteer, he can enforce an incompletely constituted trust provided that it comes under the three exceptions: * The Rule in Strong v Bird * Donatio Mortis Causa * Proprietary Estoppel. FIRST EXCEPTION:THE RULE IN STRONG V BIRD [1894] LR 18 * The rule states that if an incomplete gift is made during the donor's lifetime and the donor had appointed the donee as executor or in the case of intestacy, the donee is appointed as administrator, the vesting of the property in the donee in his capacity as executor or administrator may be treated as the contemplation of the gift. * In other words, equity should allow the common law position to prevail where a deceased creditor had appointed his debtor as executor. Fact of the case * Strong Bird borrowed £1,100 from his stepmother who lived in his house and she...
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