Property, Equity & Trust | Free Law Essays

Excerpt: The fact that Harold preferred not to disclose his mistress's name personally and preferred to communicate this via the sealed envelope is not of itself an obstacle to the validity of the will. It is the fact that the details of the trust or the existence of the envelope were not communicated to Brenda until after the will had been created.

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Excerpt:Although these four exceptions illustrate that the rule that equity will not perfect an imperfect gift is not absolute, they are exceptions based upon deeper and more fundamental equitable principles such as the prevention of unconscionable behaviour and maxims such as 'equity regards as done that which ought to be done'. Overall, equity intervenes to achieve equitable outcomes thus deviation from a principle in the interests of fairness is only to be expected.'

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