I3.133 Making particular dispositions for IHT

IHT, trusts and estates

I3.133 Making particular dispositions for IHT

I3.133 Making particular dispositions for IHT

How a disposition is made depends on the private law of the property concerned. The rules referred to below are relevant both to whether a disposition is made at all, and, if it is made, when it is made.

Chattels can be transferred by deed or by delivery. Where a deed of gift is made the transfer is immediately effective. However it is more usual to give chattels by delivery. If the donor does not actually part with possession of the chattels that he purports to give, there may be no effective gift.

For example, a husband who declares orally that he is giving to his wife the furniture in the house which he owns and in which they are both about to live has not transferred possession to her and has not made an effective gift1. On the other hand giving possession of the key to a box gives possession of the contents of it2.

Choses in action can be transferred by an absolute assignment in writing under the hand of the assignor (that is not his agent3, but a deed is not necessary).

In Zeital v Kaye4 it was held that a person who had a beneficial interest in a company share registered in the name of a nominee had not made an effective gift of the share by giving the intended donee a transfer form which did not have the name of the transferee filled in.

Express notice in writing is given to the

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to TolleyLibrary or register for a free trial