(1) After the commencement of this Act, execution of an instrument—
(a) in
the form of a deed; or
(b) in another form under this subdivision;
shall not
of itself import delivery, nor shall delivery be presumed from the fact of
such execution only, unless it appears that execution of the document was
intended to constitute delivery of the document.
(2) Subject to subsection
(1) , delivery may be inferred from any fact or circumstance, including words
or conduct, indicative of delivery.
(3) In this section—
"delivery" means the intention to be legally bound either immediately or
subject to fulfilment of a condition.