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Mindmap

Beneficiary Principle

rachel.mcparlin Equity university Englisch

Inhalt der Mindmap

Beneficiary Principle

  1. Once the 3 certainties have been satisfied then you need to determine if the beneficiary principle is satisfied.

  2. 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
    • 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.
  3. 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
        • 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
        • no equitable mechanism is valid if the class of objects is uncertain
      • 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
        • Fixed trusts - every beneficiary needs to be identified
          • invalid if evidential certainty is lacking
        • Powers and discretion don't require this
  4. 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
  5. 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
    • 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

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university Equity (Beneficiary Principle) Mindmap am Beneficiary Principle, erstellt von rachel.mcparlin am 11/04/2015.
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