#constitution #equity #law
If the trust property is not vested in the trustees, the trust is incompletely constituted. If no consideration has been given for the incompletely constituted trust, it is void, subject to certain exceptions. Equity will not compel the settlor to make the trust completely constituted (i.e. to perfect an imperfect gift). The equitable maxim ‘equity will not assist a volunteer’ will generally be applied. If consideration has been given, the incompletely constituted trust may be specifically enforced. ‘equity regards as done that which ought to be done.’
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