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Essays in Equity & Trust Law category
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"It is with good reason that equity requires the three certainties are demonstrated and all relevant formalities completed before an express trust will be constituted. The courts have been too willing in some cases to disregard these formalities in order
... a trust should the trustee fail to carry out its terms. If there is a need to establish the true ownership of the property and be certain about the nature of the ownership of the trustee and beneficiary; then a ...
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“The Insolvency Act 1986 gives the court the power to set aside trusts which are created in an attempt to elude personal bankruptcy or corporate insolvency. Similarly, the courts have refused to recognise ‘sham’ trusts where the trust is
... the court accepts the situation the legal position is that there was initially an express trust in favour of the beneficiary of the purpose and when that purpose becomes impossible an implied trust in favour of the creditor is created. ...
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'Re Baden's Deed Trusts (No.2) [1973] Ch. 9'
... Kindler and Alexander Laing Pearson, as plaintiff's, tried to discover whether the trust was valid or void for uncertainty.> The defendants to the summons (the Executors) were Arthur Frederick Smith, Robert Thomas Mitchell McPhail, Mrs Enid May Baden, Raymond Rostron ...
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'The recognised exceptions are so limited, and the effects of the Contracts Act 1999 are so minimal, that the traditional rule that Equity will not assist a volunteer remains virtually intact - is this statement an accurate assessment of the law regarding
... activated where an owner wants to make a gift of property to the donee which is only intended to take effect if he dies. Upon death equity will compel the donor's executors or administrators to perfect the donee's imperfect title, ...
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A trust imposes one of the most powerful forms of obligation in English law.
... two main reason for certainty is firstly, to ensure property is correctly identified and in accordance with the wishes of the settlor, sometimes there can be doubt to those wishes which leads to the courts to play safe rather than risk an ...
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Alfonso's will contains, inter alia, various dispositions which are capable of resulting in various equitable concepts such as Gifts, Power of Appointments or more importantly Trusts.
... intended to create a trust, however equity looks to intent rather that form and therefore words will only be an indicator of a testators intentions, the courts may also take into consideration extrinsic evidence, which enables them to look at ...
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Ascertain whether George has a right to the cottage, copyright, shares and money
... trust is to govern, and meet the requirements of the three certainties; certainty of intention, certainty of subject matter and certainty of objects. These requirements of certainty seem to be met in this situation as Joanne has expressly declared her ...
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âLegal ownership vested in trustees must be balanced by identifiable equitable ownership.â Critically discuss this statement and the difficulties inherent in it in relation to the interests of beneficiaries under discretionary trusts. What is th
... and as a result they can force trustees to exercise their discretion. It has also been said of discretionary trusts, "Discretionary trusts and powers of appointment must like all other powers, be exercised in good faith for the purpose for which ...
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Certainties of trust P/Q
... is controversial is the certainty of the objects (beneficiaries). What is controversial is the certainty of the objects (beneficiaries). This will render a trust void; the test for certainty of objects within discretionary trusts was established in Mcphail v Doulton5. It ...
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certainty of objects
... below, under several circumstances and exceptions, the beneficiary principle does not apply to those non-charitable purpose trusts. Thus, they are valid trusts. Beneficiary Principle It is the principle that, with the exception of charitable trusts, 'a trust to be valid must be ...
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Certainty of Objects and Beneficiary Principle.
... in their ability to administer a trust, if they did act then their decisions had to be justiciable. However for this to happen it was necessary for the Settlor to be very clear on what criteria should be used if ...
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Charitable Trust
... Attorney-Genera4.The sporting facilities need not be limited to only schools or institution. In IRC v McMullen5, a trust to provide facilities for pupils at school and universities in the United Kingdom to play association football or other games or sports ...
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Charitable trusts, what gives them charitable status?
... charitable trust has many advantages, one of which is that it may exist perpetually. The fundamental purpose of the trust is that it must be wholly and exclusively charitable. One of the Charity Commissions main prerogative is to increase the powers ...
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Co ownership advice
... may make this form of co ownership seem unattractive but is very appropriate for those who's ownership allows them no financial stake in the property or land. Notably trustees. It is also very appropriate for people who are in a ...
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Compare the private trust, the trust of imperfect obligation and the charitable trust. What policy ends does the law aim to achieve by it's different treatment of each of these trusts?
... people. It is enforceable by such beneficiaries as a private trust. A charitable trust is more generally known as public trust, which promotes the well being of the public by relieving poverty, advancing education, advancing religion or serving some other ...
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Consider whether each of the following bequests in the will of Caesar, who has just died, may take effect as a trust for charitable purposes, or, if not, as a non-charitable purpose trust.
... order to discuss the implications of charity law on the bequests in the will of Caesar, it is first necessary to analyse the difference between charitable and non-charitable purpose trusts. The principal distinction between the two types of trusts is ...
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consider whether the test for certainty of objects applicable to fixed and discretionary trust is reliable
... and so would need to know exactly how many beneficiaries there are, thus must draw up a 'fixed list'2. Under a fixed trust the testator would express the beneficiary to whom the trust was intended and therefore the object is ...
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Critically assess the view that equity remains a separate set of rules to those of the common law despite the enactment of the Judicature Acts.
... are not directly applicable like regulations.3 The objective is to ensure the uniform application of Community law throughout Member States. It also illustrates supremacy of Community law, since a court is bound to set aside national law if it conflicts ...
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Critically evaluate the doctrine of certainty in the creation of a trust. To what extent would you agree that the courts have been faithful to this doctrine in their development of the trust?"
... the certainties is absent then no valid express trust will be created. However the exact consequences will depend upon the circumstances. We will now look at each of the three certainties one by one and consider whether or not the Courts ...
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Critically evaluate the role of the courts in ensuring that trusts are administered in the best interests of the beneficiaries - To what extent has the balance shifted since the enactment of the Trustee Act 2000?
... law that must be mentioned before starting this essay is the concept of a fiduciary relationship that will always carry a weight in law. This is the idea that the trustees are always expected to act in the best interests ...
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Disposing of Property on Death
... J set out three conditions which must be shown before it can be said that a valid donatio mortis causa exists, namely: i) The transfer must be with the intention of giving the property; ii) It must be clear that the property ...
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Distinguishing whether a trust is Charitable or for a Non-Charitable purpose will depend on the nature of the trust.
... trusts for the advancement of education; trusts for the advancement of religion; and trusts for other purposes beneficial to the community, not falling under any of the preceding heads'. This definition is not modern although it is well established and needed ...
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EQUITY & TRUST
... benefit. It will be seen that each of the four heads of Lord Macnaghten's classification involve two elements: that of benefit, and that of public benefit. Public benefit is the main justification for the legal and fiscal concessions granted ...
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Equity & Trust
... the Statute of Charitable Uses 1601, which for 350 years constituted the general statement of charitable purposes. These activities are today, vague and outdated, but the courts have consistently analogised contemporary activities with the preamble, while attempting to keep the ...
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Equity and trust
... to achieve.3 It is therefore evident that no particular form of words are required, 'it is well settled that a trust can be created without using the word "trust" or "confidence" or the like; the question is whether in substance ...