Equity Will Not Complete An Imperfect Gift
If a donor has made an imperfect gift, i.e. lacking the formalities required at common law, equity will not assist the intended donee. This maxim is a subset of equity will not assist a volunteer .
Note the exception in Strong v Bird (1874) LR 18 Eq 315. If the donor appoints the intended donee as executor of his/her will, and the donor subsequently dies, equity will perfect the imperfect gift.
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Famous quotes containing the words equity, complete and/or imperfect:
“If equity and human natural reason were allowed there would be no law, there would be no lawyers.”
—Christina Stead (1902–1983)
“The Good of man is the active exercise of his soul’s faculties in conformity with excellence or virtue.... Moreover this activity must occupy a complete lifetime; for one swallow does not make spring, nor does one fine day; and similarly one day or a brief period of happiness does not make a man supremely blessed and happy.”
—Aristotle (384–322 B.C.)
“The mere existence of conscience, that faculty of which people prate so much nowadays, and are so ignorantly proud, is a sign of our imperfect development. It must be merged in instinct before we become fine.”
—Oscar Wilde (1854–1900)