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Flashcards

PPT

Chloe Garton Equity English 21 cards

Cards in this deck (21)

  1. 1Beneficiary principle - private trusts must have some definite object.There must be somebody in whose favour the Court can decree performance (Morice v Bishop of Durham)
    Charitable trusts enforced by AG on behalf of Crown.
  2. 2Invalid PPTRe Astor's ST - trust for maintenance of understanding between nations for the independence of the Press
    Re Shaw - research into phonetic alphabet
    Re Endacott - £20k for 'some useful memorial to myself'
    Funds rever to settor on RT.
  3. 3If can construe trust for individuals may be possible to treat as a trust for person(s) and ignore the purposeRe Osoba - trust for education of named daughter treated as trust for indiv.
    Applied to group of persons (employees) in Re Denley's Trust Deed
    But not if class so large it is unworkable - R v District Auditor ex p. West Yorkshire MCC
  4. 4Trusts for U/A - 'two or more persons boud together in 1+ common purposes, not being business purposes, by mutual undertakings, each having mutual duties and obligations in organisation which has rules identifying in whom control of it and its funds rests and upon what terms it can be joined/left. - Conservative and Unionist Central Office v BurnellRe Grant's WT failed - gift to joint committee of local parties to maintain office.
  5. 5Problems with U/AGift for purposes of assoc. would be PPT and invalid
    Gift for present and future members would be void for perpetuity
  6. 6Gifts to u/aRe Lipinski WT - Gift to Jewish Youth org. for purpose of constructing buildings saved by construing it as gift to members for time being, subject to contract inter se.
    Main difficulty is that seems to allow members to take gift and ignore any condition (acknowledged in Re Horley Town FC)
  7. 7St Andrews (Cheam) Lawn Tennis Club TrustLand given for use of tennis club connected with church - not charitable. Church thought gift could be better used (land worth £1.2m). 91 members claimed it for themselves. H: given originally on PPT. Therefore held on RT for heirs of donor who were prepared to give it to Church.
  8. 8Rule against perpetuitiesGift on trust had to vest within certain period - ppt couldnt go on indefinitely.
    Law evolved a rule that gift had to vest within a life or lives in being, plus 21 years.
    Led to device of 'Royal Lives Clause' - by reference to members of Royal fam e.g. This trust will continue untul 21 years of the death of the last survivor of descendants of Prince George 6th.
  9. 9Operation of strict rule against perpetuities considerably relaxed by Perpetuities and Accumulations Act 1964 - allowed settlors to specify as alternative a period of up to 80 years.PAA 2009 replaced all these rules for trust after 06/04/10 by single perpetuity period of 125 yrs.
    NEITHER legislation applies to PPT - still governed by old case law.
    Law Com thought law on PPT needs general review so not wise to reform perpetuities alone.
  10. 10RT approach for surplus funds of u/aRe Printers and Transferers' Society - surplus funds on RT for existing subscribers, in proportion to contributions (deducting payouts and fines)
    Re Hobourn Aero Components - distributed to past and present members in proportion to contributions (deducting benefits received) - looking where money has come from and giving money back.
  11. 11RT approach rejected in Re West Sussex Constabulary Widows Children and Benevolent FundRequired all members to be serving constables. By time they wanted to dissolve society, legally no members. Funds went to Crown but any identifiable legacies went on RT.
    "Impossible to apply the doctrine of resulting trust to the proceeds of entertainments and sweepstakes and such-like money-raising operations for two reasons: first, the relationship is one of contract and not of trust, the purchaser of a ticket may have the motive of aiding the cause or he may not"
  12. 12Contractual approach more clearly applied in Re Bucks Constabulary FundSociety established to provide relief of widows and orphans of deceased members of Bucks Constabulary by voluntary contributions. No rules for distribution of assets in winding up.
    H: All the assets of the association are held on trust for its members subject to the contractual claims of anybody having a valid contract.
    If there is no-one who can legally claim the funds, if the purposes of the society are charitable, the surplus will be applicable cy-près… but if the society is not a charity, the surplus belongs to the Crown as bona vacantia.'
  13. 13Re Gillingham BDFMemorial fund devoted to defraying funeral expenses of those involved in the disaster. Public contributed nearly 9k in large sums.
    A layman who put 6d. into a collecting box would never expect to have or even want his money back. He has chosen a way of contributing which makes it impossible to separate his money from that of the other small contributors. There was enquiry made to identity of contributors.
  14. 14Re Sick and Funeral Society of St Johns Sunday SchoolCourt held adult members paid 2x as much as junior members and this was how relevant contributions were returned.
  15. 15Surplus property may accrue to sole surviving member - Hanchett-Stamford v AGTrust to stop having performing animals in circuses. Only on person left as surviving member, they were entitled to all assets.
  16. 16Exceptions - Trust for maintenance of particular animals.Re Dean - trust for horses and dogs as long as they shall live (valid).
    Commentators universally agree this wrong - lives must be human (so held in Ireland in Re Kelly)
  17. 17Trusts for upkeep of tombs and monuments If within a Church, its upkeep is charitable (Re Hooper)Otherwise, valid PPT (Re Hooper - graves in churchyard and cemetery)
    Testator in Re Hooper asked for 'as long as law allows' - valid for 21yrs.
    Could he have got longer? Parish Councils and Burial Authorities (Misc Prov) Act 1970 - authority may agree to maintain monuments and graves up to 99yrs.
    NB: Monument implies tombstone or similar - nothing too grandiose - Re Endacott
  18. 18Trusts for private religious ceremoniesLaw evolved in dealing with saying of masses in public or private (upheld as valid PPT in Bourne v Keane)
    Public worship is charitable.
    Scope of this exception now very narrow following Re Hetherington - legacy left to Church for 'repose of the souls' - trusts charitable since furthered religion and had PB
    Applied by analogy to non-Christian ceremonies in Re Khoo Cheng Teow
  19. 19Various issuesRe Thompson - upheld trust for promotion of fox hunting. Unsatisfactory even prior to HA 2004 as D didnt actively oppose bequest (Executor took matter before Court for own protection)
    More doubtful validity since HA 2004
    McCaig's Trustees v Kirk Session of United Free Church - Courts reluctance to uphold useless/capricious trusts.
  20. 20'Anomalous exceptions' and rule against perpetuitiesCourts not too concerned to invalidate PPT for perpetuity. Assumed monument would be built within period in Musset v Bingle - trust for upkeep void.
    Assumed cat not live longer than 21yrs - Re Hooper
    Law Com didnt see fit to extend perpetuity period of 125 yrs to PPT
  21. 21Trusts for imperfect obligation (alternative name for PPT)Underlines: 1) T can put trust into effect if they wish (residuary B cannot object if PPT valid), 2) no one can compel T to carry out the trust
    Re Tyler - money donated to charity with request to maintain donors family vault. If not maintained, money would go elsewhere. No obligation to maintain, was not considered PPT.
    - Variants on PPT may be used for tax planning in 'offshore' jurisdictions.

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Equity Flashcards on PPT, created by Chloe Garton on 16/04/2018.
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Chloe Garton
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