My understanding is that even where a gift is made by deed the “beneficiary”, whether an individual absolutely entitled or a trustee, in the absence of consideration is a “volunteer”. Applying the maxim “equity will not assist a volunteer”, the beneficiary cannot sue for specific performance.
However, the force of the House of Lords’ decision in Milroy v. Lord, 1862, has been whittled down by more recent judgments, such as Re Rose 1949 and the Pennington/Crampton litigation.
As the outcome in each case will tend to be fact specific, I suggest the specific circumstances be put to Chancery counsel for a definitive opinion.
Paul Saunders