Re Cole

Re Cole ( [1964] 1 Ch 175, CA) also known as ex p. Trustee v Cole is a case in English property law dealing with the transfer of gifts.

Facts

The husband, bought a large home in London and furnished it. He then took his wife to see it and stated 'Its all yours'. The husband was declared bankrupt several years later and the matrimonial home was claimed by the trustee in bankruptcy.

Judgement

The case establishes that a gift of chattels cannot be perfected by showing them to a donee and stating words of gift. In order to establish a gift there must be delivery of the gift.

Further reading

Aubrey L. Diamond, 'When Is a Gift...?',The Modern Law Review, Vol. 27, No. 3 (May, 1964), pp. 357-360