Re Gonin

Facts

A mother wanted her daughter to have the house, but believed she could not leave it to her. Instead she wrote a cheque for the daughter, found after death. The daughter became administratrix.

Issue

Was the gift of the house perfected under Strong v Bird?

Held

No. There was no continuing intention to give the house, since the mother had chosen the cheque. The cheque failed too, as the mandate ended on her death.

Principle

Strong v Bird needs a continuing intention to make an immediate gift.

Why it matters

It applies the rule to administrators and shows its limits.

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