Clear and present intention Sample Clauses

Clear and present intention.  There must be a clear and present intention to assign present property (Xxxxxx v FCT) Controllor of Stamps v Xxxxxx Xxxxx – Xxx Xxxx Xxxxx  Transfer under a will and whether that had been effectively dealt with  When looking at a informally drafted document - must ask is it an assignment or just some form of mandate?  FACTS o Xxxxxx Xxxxx – rich - wife left her estate by appointing an executor, giving a number of gifts and leaving the residuary estate to the husband o husband wrote to the executor requesting (not demanding) that the executor make a number of payments out of his estate to a list of individuals and charities o what was the nature of this arrangement? o Controllor of stamps – it is a deposition therefore falls under stamp duties act  DECISION o no disposition o the communication to the trustee did not create a sub trust in favour of these individuals and charities, nor was the husband making an assignment in their favour, nor was he directing the trustees henceforth to hold on trust for the individuals or charities o not disposition, rather an authorisation to the executor having no immediate effect to dispose anything unless and until such time as the executor acted upon it