Ineffective Transfers and Gifts | Equity & Trusts

Subscribe to my personal channel for videos on how to study law effectively & efficiently:    / @heygarethevans   The transfer or conveyance of land, and the transfer of shares both require formalities. In the case of land, the conveyance must be registered with the Land Registry. The transfer of shares requires the delivery of a proper instrument of transfer to the company (Companies Act 2006 s.770).

If the person making the transfer, whether as an outright gift or as part of a declaration of trust, does not complete the formalities required, is the transfer valid?

The legal title does not pass until the formalities are completed. Can Equity find that the beneficial title has passed to the transferee?

In some circumstance, particularly where there is a contract or the recipient has provided value, Equity will complete the transfer by ordering specific performance or by declaring that the legal owner holds the property on constructive trust for the intended recipient.

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