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Flashcards

Three Certanties

Ruth Christian Law Inglês 7 flashcards

Flashcards do conjunto (7)

  1. 1What are the three certantiesCertainty of intention
    certainty of subject matter
    certainty of object
    Trust invalid without them
    Knight v Knight
  2. 2Certainty of intentionSufficient intention to put assets into trust
    Re Keyford
    Technical words not required
    - use of word trust not concrete evidence it is a trust
    - must be genuine and not a sham
    - Midland Bank plc v Wyatt
    Just because has precatory words doesnt make it not binding
  3. 3Certainty of intention - precatory wordsComiskey v Bowing - Hanbury
    - precatory words and direct instructions - legally binding
    Re Adams and the Kensington Vestry 1884
    - 'full confidence' - precatory words - not binding
    Lamb v Eames
    - 'in a way she may think best' precatory - not binding
    Re Steeles' will trust
    - copied wording from case Shelley v Shelley - precatory words were binding in original case so are in modern case
    Now only moral obligation - not legally binding
    - to be legally binding needs more than precatory words
  4. 4Certainty of subject matterAssets - must be specified with reasonable certainty
    Palmer v Simmons
    - Bulk of my estate - cant say for certain what was - not in trust
    Re London Wine co
    - Assets need to be separated if each person gets certain bottle of wine in collection
    Strange v Barnard
    - Must be certain who gets what - 'remaining part of what is left' after primary donee dies, not sufficient
    Hunter v Moss
    - Trust 5% of company - couldnt say which 5 % doesnt matter - intangible
    Beneficial interest of each beneficiary must be certain - Boyce v Boyce
    Re Golay's will trust
    - 'reasonable income' could be calculated with knowledge of property
  5. 5Certainty of objectBeneficiaries - Re Vandervells trust
    two tests - fixed trusts + discretionary trusts
    If can't find Beneficiary
    - doesn't change trust
    - their share set aside
    - Benjamins orders
    - Can have court order declaration of presumed dead after years with no contact - share split with other B's
    - Must try all cna do to contact B
  6. 6Certainty of object - fixed trustStates in trust who gets what
    must can draw complete list of beneficiaries
    IRC v Broadway cottage trust 1955
    definition of beneficiary must be
    - conceptually certain
    - evidentially certain who is within the class
  7. 7Discretionary trustTrustees have discretion regarding distribution of assets
    till 1970s was same as fixed trust (Broadway cottage trust test)
    - deemed too strict for discretionary trusts
    McPhail v Doulton 1971
    - Beneficiaries must fall into specified class
    - Done as not all beneficiaries are likely to come claim assets
    Problems
    - Class could be unreasonably wide

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Law (Three certainties ) FlashCards sobre Three Certanties , criado por Ruth Christian em 10-01-2017.
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Ruth Christian
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