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#constitution #equity #law
The Privy Council was recently asked to reconsider the principle from Milroy v Lord in the case of T. Choithram International S.A. and Others v Lalibai Thakurdas Pagarani and Others [2001] 1 WLR 1. It affirmed the principle but construed the unusual circumstances in benign fashion as amounting to a declaration of trust. A donor orally declared his intention to make a gift on trust to a charity, but he did not actually transfer the legal title to the property to the charity before he died. However, the Privy Council was prepared to uphold the gift, because the donor was himself one of the trustees of the charity and could be regarded as having manifested an intention that, instead of being legal beneficial owner of the property, he would hold it as trustee. Because one of the trustees already had the trust property vested in him, and all trustees are entitled to have the trust property vested in them jointly, the PC ordered the personal representative of the deceased trustee to vest the property in all the surviving trustees.
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