Karteikarten
Express Trust FINAL
Karten in diesem Stapel (20)
- 1S4 statute frauds 1677Inter vivos - Express trust of land does not need to be in writing but there must be written evidence to prove declaration and essential terms
- 2S78 succession act 1965Express trust can be created by will
- 3Chambers v FaheyFor an express trust to be created, there needs to be three certainties:
1. The subject matter must be certain
2. The objects of the trust must be certain and
3. The words relied on must be imperative to show the testator intends to create an obligation - 4Re Humphries EstateTestator devised all his property to his wife he wished she would give a house to his son and and the remaining property to his daughters no express trust held to the wife took an absolute interest
- 5Re CoulsonTestator left farm and farmhouse furnishing to Cousin in her will state her wish was that the property be neither divided or sold. Rather she wished that her cousin retain it for whichever of her kids she saw fit. Dixon held the question was what could be gathered from the will as a whole.
- 6Re SweeneyTestator left all his property to his wife for her own absolute use and benefit subject to the express wish that she would make provision for payment of certain legacies after her death. Held the testator merely expressed to wish for the guidance of his wife on her death, no express trust.
- 7Hunter v MossSettler declared trust over 5% of shares in company.
Held no need to separate the shares before declaring the trust as long as all same class.
All distinguishable from each other so you could equally capable of satisfying it - 8Re London wine companyThe wine in warehouse was not segregated from the rest of the stock held at no trust could arise as they concern tangible property it must be identified
- 9Re endacottA trust is fixed if the extent of each beneficiaries interest in the property is fixed in the trust instrument for there to be certainty of objects with fixed trust it must be possible to compile a complete list of the beneficiaries this case set out this complete test
- 10Re ParkerAny discretionary trust is invalid unless the whole class of potential beneficiaries can be ascertain
- 11McPhail v DoultonEven if a trust is conceptionally certain it may still fail if it is administratively uncertain. House the Lord said it may fail for uncertainty if the definition of beneficiaries is so hopelessly wide as to not form anything like a class and is admin unworkable. All residents of Greater London is admin unworkable. A mere power will not however be void on this basis.
- 12Milroy v LordEstablished principle regarding complete constitution. The principal is to render a voluntary settlement valid the settler most of done everything which according to the nature of the property in the settlement was necessary to be done to transfer the property and render the settlement binding on them. How can a settler ensure compliance with this? 1. Transfer property to beneficiary 2. Transfer property to trustee or 3. Declare himself a trustee
- 13Re RoseWhere the settler or donor is unable to do everything that’s necessary to complete the transfer due to circumstances beyond their control the principal may be qualified. Usually in shares.
S executed voluntary deed transfer shares in a company. Died before the transfer was registered. Held the settler did everything in his powers to diver himself of shares. Trust validly constituted. - 14Pennington v WaineDeceased intended to transfer shares to her nephew and make him a Director. Signed the transfer form. Co-auditor is never passed it on. Did this constitute valid transfer? Held it was effective when the deceased signed the share transfer form. Held that the intention was clear and it would be unconscionable to recall it.
- 15Strong v BirdD borrowed €1000 from their stepmother who lived with him and paid rent of 200 every three months. Agreed he’d pay her. Defending charged her €100 less rent to repay but she then expressly forgive the debt and paid full rent again. When she died, he was appointed the executor of her will. The residuary legatees sought to enforce the €900 debt. Court was told the debt was released because (i) The deceased had appointed the defendant as her executor and (ii) The deceased had intended to make an immediate gift of the property to the defendant and such intention was continued until the deceased Death.
- 16Re JamesThis case extended the principle of re Stewart. It held that the intended Donee doesn’t necessarily need to be appointed as executor by the testator. If the donee is appointed as administrator of the testators estate and the testators intention to make a gift is clear the gift will still be considered valid.
- 17Re StewartThis case established that if a testator appoints the intended donee as their executor and the testators intention to make a gift is clear equity will perfect the imperfect gift. This means that even if the testator didn’t complete all the necessary formalities for the transfer during their lifetime to gift will be considered valid upon their death.
- 18Re WilsonDeceased intended to mavke an immediate gift of property to son but not perfected in the deceased lifetime. However the som was the executor of the will. Held that the intention provided and the rule perfected the gift. However the rule did not apply to properties. That works to be transferred in the future.
- 19Bentham v PottertonThree essential elements for a domatio mortis causa:
1. It must be made in contemplation of the donors death
2. It must be made subject to condition that it will only become indefeasible in event of donors death
3. The property must be delivered to the Donee
Court Insist on strict compliance with the three criteria before enforcing gift by DMC. Onus on person claiming DMC. - 20Keeling v KeelingDismissed claim by brother of deceased widow that she had made a DMC of her house to him and wife. Inconsistencies in evidence and the purported gift was made six months before her death. Also evidence she lacked capacity and hadn’t told anyone about the gift. Clearly the courts are very wary of deathbed gifts and require all three criteria to be met as it displaces rules of wills and intestacy
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- FE 1 LAW (Equity FE-1) Karteikarten am Express Trust FINAL, erstellt von Caoimhe Kelehan am 25/01/2025.
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