GoConqr hat ein neues Design! Sag uns, wie es dir gefällt.

Mindmap

Implied Trusts

penny.woodman Equity Englisch

Mind map on implied trusts: definition, operation of law and the resulting trust

Mind map: Implied trusts

Inhalt der Mindmap

Implied Trusts

  1. A Definition: Arise through operation of law i.e. equity decides a trust should apply. Two main types of implied trust: Resulting and Constructive.

    • The Resulting Trust
      • Equitable interest jumps back to S instead of remaining with B
        • Settlor becomes both S and B
      • Westdeutsche Landesbank Girozentrale v Islington LBC = resulting trust would arise in two circumstances (A and B)
        • Category A = A makes a voluntary payment to B who pays for property which is vested in B or A and B
          • Equity presumes A didn't intend to make a gift and wanted to retain some interest - Re Vinogradoff
            • Equity will not assist a volunteer
          • The presumption can be overturned or rebutted (see presumption of advancement)
          • Vandervell v IRC = This presumption provides an answer where facts and circumstances fail to yield a solution
          • If A intended to benefit B, the gift will stand
          • Presumption of Advancement
            • Where A and B enjoyed a certain type of relationship, a gift of property would be seen by equity as being a true gift
              • Relationships include: husband and wife & father and child
              • Moate v Moate = applied to a gift between fiancé and fiancée when they were later married
              • Bennet v Bennet = would not apply as of right between Mother and child
            • Paternalistic in it's application
            • Due to be abolished but explicitly preserved for anything done before s199 of the Equality Act 2010 comes into effect
        • Category B = A transfers property to B on express trusts, but does not exhaust the whole beneficial interest
          • Basically where A has made a mistake in creating express trust for only part of the property
          • Equity abhors a vacuum so the remaining part cannot be left in limbo
          • The entire equitable interest will be held on resulting trust for S
          • Westdeutsche Landesbank divided this into 2 further categories
            • Where S makes an error
              • Vandervell = Mr V allowed himself a buy back clause so was never fully rid of control over the shares.
            • Where a condition to the operation of the trust has come to an end
              • Barclays Bank LTD v Quistclose Investments Ltd = If a trust is created with a particular condition and that condition is not met, the property will jump back to the original owner.

Informationen

Beschreibung
Equity Mindmap am Implied Trusts, erstellt von penny.woodman am 12/02/2014.
Erstellt von
penny.woodman
Aufrufe
97
Tags
equity
Bewertung

Feedback

Worum geht es?

Wie gefällt dir das neue Design?

Dein Eindruck