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  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.
(This content has been withheld because of exemptions in the Freedom of Information Act 2000)