Mindmap
Beneficiary Principle
Inhalt der Mindmap
Beneficiary Principle
Once the 3 certainties have been satisfied then you need to determine if the beneficiary principle is satisfied.
Beneficiary Principle: BP requires property to be held on trust for identified beneficiaries or objects.
- Overlaps with certainty of objects - if there are certain objects then there must be identifiable beneficiaries
- Morice v Bishop of Durham
- a trust for ‘such objects of benevolence and liberality’ was void as there were no identifiable beneficiaries
- Morice v Bishop of Durham
- has a distinct function - no beneficiaries and no one to enforce the trust - INVALID
- an express trust for persons must have an identifiable people in whose favour the court can decree performance.
- Overlaps with certainty of objects - if there are certain objects then there must be identifiable beneficiaries
Types of certainty
- Re Badens Trust (No 2) the COA drew a distinction between conceptual and evidential certainty
- Conceptual Certainty
- refers to semantic clarity of description of beneficiaries
- if theres any ambiguity in the words used to define a class of objects
- court won't be able to determine without doubt if a person is within the class or not
- if theres any ambiguity in the words used to define a class of objects
- In Re Badens - Sachs LJ gave examples of conceptually certain
- first cousins
- members of X union
- Browne Wilkinson J expressed problem about friends in Re Barlows WT
- 'Friends' - range of meanings - varies from person to person
- can be acquaintances or someone they known for a long time
- 'Friends' - range of meanings - varies from person to person
- no equitable mechanism is valid if the class of objects is uncertain
- refers to semantic clarity of description of beneficiaries
- Evidential Certainty
- Concerned with proving if a person falls in specified class of objects
- eg: relatives
- unless some scientific process - genetic fingerprinting is used - difficult to prove
- eg: relatives
- Fixed trusts - every beneficiary needs to be identified
- invalid if evidential certainty is lacking
- Powers and discretion don't require this
- Concerned with proving if a person falls in specified class of objects
- Conceptual Certainty
- Re Badens Trust (No 2) the COA drew a distinction between conceptual and evidential certainty
Beneficial entitlement/ownership
- need to determine potential allocation of trust property
- depends on exact number of equitable mechanism and ranges from substantial property interest to no property
PURPOSE TRUSTS
- Trusts MUST be for the benefit of legal persons and not for the object of carrying out purposes
- EXCEPTIONS
- CHARITY
- Bowman v Secular Society
- Lord Parker
- For a trust to be valid it must be for the benefit of individuals
- Lord Parker
- EXCEPTIONS
- Rule against purpose trusts is long est.
- Morice v Bishop of Durham
- Sir William Grant
- Every trust must have a definite post. There must be somebody in whose favour the court can decree specific performance
- Sir William Grant
- Morice v Bishop of Durham
- Trusts MUST be for the benefit of legal persons and not for the object of carrying out purposes
Informationen
- Beschreibung
- university Equity (Beneficiary Principle) Mindmap am Beneficiary Principle, erstellt von rachel.mcparlin am 11/04/2015.
- Erstellt von
- rachel.mcparlin
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