Milroy v Lord - Turner LJ settlor must have
done everything necessary to transfer
Re Rose - mitigates harshness of Milroy. Shares
were out of his hands so he was a temp CTee
Pennington v Waine - Donor need not have done everything
in their power if there is a continued intention to transfer
Exceptions
Re Ralli's WT - fortuitous constitution
Strong v Bird
Donationes Mortis Corsa
Haliwell - Pennington leaves us 'in the realm of
unfettered judicial discretion', 'very unruly beast'
outcome was fair but bad law
Garton - unconscionability aspect of Pennington keeps it in line
with trust orthodoxy but courts must be careful not to 'grant
judges an unfettered discretion to perfect imperfect
transactions in an arbitrary and unprecedented fashion
Choithram - trust was fully constituted
because he declared himself a trustee
Shares - Fill out the form, send it to the
company, company registers new name
Confirmed in Re Fry
Confirmed more recently in Zeital
Land - Richard v Delbridge S53
formalities were not met here
Chattels - Re Cole, here words were not enough
Equitable Interests - Re McArdle no
consideration so he was a volunteer