According to Sen v Headley [1991] Ch 425 and Re Bogusz (deceased) [2013] EWCH 1449 (Ch), [2014] 2 WLR 543 a dmc operates under a constructive trust. However, it is unclear why it would be unconscionable to deny perfecting the donee’s title in the absence of any reliance on the gift (compare Pennington v Waine, see 5.6.1 above). Even more problematic is the suggestion in Re Bogusz that the conscience of the donor’s personal representative is affected (at [27]) even though the donor himself has done nothing unconscionable.