IHTM14884 - Lifetime transfers: dating of dispositions: chattels and corporeal moveables

In England, gifts of chattels can be effected by

• actual or constructive delivery with the intention of making a gift, or
• by making a deed of gift, or
• by making a declaration of trust, which need not be in writing.

For a gift of chattels to be effective in the absence of a deed or declaration of trust, there must be some effective delivery to the donee. Mere words of gift, whether oral, or even written if not embodied in a deed, are not sufficient. There must be some act of delivery or change of possession which unequivocally demonstrates that the donor has transferred possession and title to the donee (Re Cole [1964] Ch 175).

In Scotland, for a gift of corporeal moveables (IHTM42700) to be effective there must be

• intention to make the gift, and
• delivery, or change of possession.

Delivery may be actual, constructive or symbolic.