Mackinlay v Mackenzie (1886): A Question of Gift Deed vs Will
property ailet advanced real_caseSo, you know how we study about gift deeds and wills in Property Law, right? This case is a classic example of a situation where a father's gift deed was challenged by his children after his death. Lord Blackburn in the court decided that a gift deed can be revoked if the donor's intention is to create a trust and not just a gift. This led to a lot of confusion and raised questions about the distinction between a gift deed and a will. The court's decision makes you think - what if the intention of the donor is not clear? Shouldn't the donor's intention be decisive in determining the nature of the transaction? What do you guys think about this judgment? Do you think it's fair or not?
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