the drawer’s death, it may be an effective means of transferring the value
intended to be given.
The case is quite different where a cheque or note is made payable to a person for valuable consideration.
 The BEA did not impose an independent legal obligation
on Mary merely because she wrote a cheque. If she had changed
her mind and refused to transfer sufficient funds into the
account, or had she revoked the cheque by issuing a “stop payment order”, she would not have been bound to pay Arlindo. Her
death did not change the underlying nature of the cheque. Possession of the cheque, without more, does not allow Arlindo to
successfully sue for its value.
 I turn to the appellant’s alternative submission that the
cheque was dishonoured when he presented it to Mary’s bank,
before her death, giving rise to a cause of action.
 This argument was not made in the court below. This
explains why there are no pertinent findings of fact made by the
application judge. There is insufficient evidence in the record to
permit us to make that determination.
 Assuming for the purposes of argument that the cheque
was dishonoured, the reason was evidently that there were insufficient funds in the account. Despite her good intentions, Mary
could not give what she did not have and the appellant had no
cause of action on the cheque. Unlike Swinburne (Re), 
1 Ch. 38,  All E.R. Rep. 313 (C.A.), there was no evidence
that the bank here would honour the cheque if a customer had
sufficient funds to do so in their other accounts. The evidence in
this case was to the contrary. The bank could not transfer funds to
cover the cheque without the customer’s authority.
 If the appellant had brought an action on the cheque,
either after he first went to the bank or after the cheque was
returned “funds frozen”, he would have been met with a defence
of lack of consideration.
 The application judge was correct in holding that the
cheque was a gift inter vivos and that the law of gifts applied to
the facts of this case.
 The absence of consideration is one of the central indicia
of a gift at law. By its very nature, a gift is a voluntary transfer
of property to another without consideration: McNamee