Sam, as a sale registered proprietor, wished to make a gift of a valuable block of unencumbered land to his girlfriend. Sam promised his girlfriend he would transfer the land to her at the end of the month. At the end of the month, Sam wrote a note to his girlfriend, which (omitting irrelevant parts) stated:
“I promised I would gift to you the land and I now do so”, with a box of expensive chocolates.
Attached to the note was an undated T1 Transfer of Land, properly and accurately completed, and which had been signed by Sam in the presence of an independent adult witness. The next morning, as Sam was driving home, he fell asleep, and his car collided with a tram. After the funeral, Sam’s girlfriend wished to register the Transfer of Land after the payment of stamp duty. Advise her if she may register or, in the alternative, if she instead proceeded with an action for specific performance against the executor of Sam’s estate, her chances of success.
