Re Rose [1952] Ch 499 is a case in English trusts law

English trusts law

English trusts law is the original and foundational law of trusts in the world, and a unique contribution of English law to the legal system. Trusts are part of the law of property, and arise where one person gives assets English trusts law is the original and foundational law of trusts in the...

 and English property law

English property law

English property law refers to the law of acquisition, sharing and protection of wealth in England and Wales. Property law can refer to many things, and covers many areas. Property in land is the domain of the law of real property. The law of personal property is particularly important for...

. It established that if a donor has done everything that can be expected of him to transfer legal title , but the transfer is delayed by the routine operation of the law then the gift is still effective. This is sometimes called the "Re Rose principle".

Facts

Mr Rose made a gift of shares to his wife and signed a transfer form in March 1943. The transfer was not registered by the company until June 1943. This was problematic because with a set of tax changes, the gift was not subject to duties if it was effective by April 1943.

Judgment

The Court of Appeal, Lord Evershed MR giving the leading judgment, held the gift was not assessable. First, the gift was enforceable in equity from March 1943. The transferor, by that time, had done all that he could do, prior to the company’s completion of legal formalities. Second, Mr Rose was a (constructive) trustee for wife between signing the form in March and registration of the transfer in June.