1. The Three Certainties

Question 0

Lambe v Eames

Answer 0

Change of approach by courts - lean against finding a trust

Question 1

Re Kayford

Answer 1

No need for word ‘trust’ to be used

Question 2

Re Adams and the Kensington Vestry

Answer 2

‘In full confidence’ - no trust

Question 3

Comiskey v Bowring-Hanbury

Answer 3

‘In full confidence’ + ‘I hereby direct’ - trust imposed

Question 4

Re Hamilton

Answer 4

Judges have considerable discretion in interpreting words within the context

Question 5

Paul v Constance

Answer 5

Intention to create trust through numerous conversations and conduct

Question 6

Azam v Uwbal

Answer 6

No trust where payee intended debtor-creditor relationship and T is free to mix the money with his own

Question 7

Re Lewis’s of Leicester

Answer 7

But possible for T to mix received moneys with moneys of others in the case of a mixed fund, where the segregated and mixed fund is held as a pooled investments on trust for payers and in proportionate co-owned shares

Question 8

Sprange v Barnard

Answer 8

‘Remaining part of what is left’ at the time of widower’s death is insufficiently certain to create a trust

Question 9

Palmer v Simmonds

Answer 9

‘The bulk of my estate’ is insufficiently certain for trust to arise

Question 10

Re London Wine

Answer 10

Buyers of wine stored in warehouse it could not establish a trust of specific bottle, as bottles had not been segregated

Question 11

Re Goldcorp Exchange

Answer 11

No trust for purchasers of bullion who had paid for it but not taken it away - apart from those whose bullion had been segregated

Question 12

Hunter v Moss

Answer 12

Trust is established when M orally declares himself T of 5% of shares issued in a company

Question 13

Re Golay’s Will Trusts

Answer 13

‘One of my flats’

‘Reasonable income’

Not void for want of certainty of subject-matter

Question 14

Morice v Bishop of Durham

Answer 14

Trust must be for ascertainable beneficiaries

Question 15

Re Gulbenkian’s Settlement Trusts

Answer 15

Establishes ‘in/out’ test

Question 16

Public Trustee v Butler

Answer 16

‘Deserving’ uncertain

‘Promising’ not uncertain

Question 17

IRC v Broadway Cottages

Answer 17

Test for a fixed interest is the ‘fixed list’, i.e. it must be possible to draw up a complete list of all beneficiaries

Question 18

McPhail v Doulton

Answer 18

HL adopts less strict approach for discretionary trusts
Conceptual certainty
But no need for evidential certainty

Question 19

Re Baden’s Deed Trusts (No 2)

Answer 19

‘Relatives’ sufficiently certain

Question 20

Ex parte West Yorkshire Metropolitan Council

Answer 20

Class of potential beneficiaries was ‘the inhabitants of West Yorkshire’

Ignoring question of conceptual clarity, this is how to be administratively unworkable and hence invalid

Question 21

Re Barlow’s WT

Answer 21

‘Friends’ too vague a class to give rise to a discretionary trust - instead gives rise to gift subject to a condition precedent