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Richards v Delbridge [1874] LR 18 Eq 11

ResourcesRichards v Delbridge [1874] LR 18 Eq 11

Facts

  • Mr. Delbridge intended to give his leasehold business to his grandson, Edward.
  • He wrote a note on the lease stating, "This deed and all related to it I give to Edward from this time on."
  • Mr. Delbridge did not formally transfer the legal ownership of the lease.
  • Upon his death, Edward’s entitlement to the business was disputed.

Issues

  1. Whether the note on the lease constituted a valid legal transfer of the property to Edward as a gift.
  2. Whether the failed gift could instead take effect as a valid declaration of trust in Edward’s favour.
  3. What distinguishes the creation of a gift from the creation of a trust in law.

Decision

  • The court held that the note was insufficient to transfer the legal interest in the business; the transfer was not completed.
  • The arrangement did not satisfy the requirements for a valid declaration of trust, lacking clear intention and proper constitution.
  • Equity would not intervene to perfect a failed gift by construing it as a trust; the principle "equity will not assist a volunteer" applied.
  • The court confirmed that the intended outcome could not be achieved without effective compliance with the formalities for gifts or trusts.
  • To effect a valid gift, the donor must complete legal transfer of ownership to the donee, relinquishing all control.
  • Declaration of trust requires a clear intention to create a trust and proper constitution of the trust property.
  • A failed gift cannot be rescued by treating it as a trust unless clear intention and requisite formalities are shown.
  • The maxim "equity will not assist a volunteer" demonstrates that courts will not perfect incomplete gifts.
  • Related authorities, such as Milroy v Lord and Jones v Lock, further clarify the importance of proper formalities and clear express declarations when creating gifts or trusts.

Conclusion

Richards v Delbridge affirms the strict legal distinction between gifts and trusts: a gift requires completed transfer of ownership, while a trust demands clear intention and proper constitution; equity will not repurpose failed gifts as trusts absent explicit compliance with these requirements.

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Expliquer en français
Explicar en español
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شرح بالعربية
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हिंदी में समझाएं
Give me a quick summary
Break this down step by step
What are the key points?
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Homework helper mode
Loyal friend mode
Academic mentor mode

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