Beneficiary Prinicple

Question 1

Morice v Bishop of Durham

Answer 1

For a trust to exist there has to be someone that court can decree performance (needs to be someone to enforce the trust)

Question 2

Re Endacott (Lord Evershed)

Answer 2

trust is only effective if it has ascertained or ascertainable beneficiaries”

Question 3

Re Deed

Answer 3

for maintaining particular animals (here it was horses/hounds for 50 years)

Question 4

Re Hooper

Answer 4

for maintaining particular graves or sepulchral monuments

Question 5

Re Hetherington

Answer 5

as long as someone other than the priest can here it = trusts for saying masses in public

Question 6

Re Thompson

Answer 6

for furtherance of fox-hunting

Question 7

Anomalous testamentary private purpose trusts

Answer 7

not real purpose trusts

• just giving person a POWER, actually a RT to benefit party otherwise entitled but recipient has power to spend fund for specified purpose

Question 8

Absolute gift of property with motive

Answer 8

Re Sanderson/re Andrew’s trust

- reinterpret purpose as a motive for the gift

Question 9

Re Osaba

Answer 9

for maintenance of widow, education of daughter, and his mother

• all three absolutely entitled as JT (purpose is just motive)

Question 10

Re Bowes

Answer 10

£5000 for planting trees

• tenants could just claim it under Saunders
• trees is motive not purpose

Question 11

Re Abbott

Answer 11

(maybe an exception?)

• trust for maintenance of two deaf and mute women
• under absolute gift with motive interpretation they should keep after they die and money goes to next of kin
• but it went RT back to donors

(life interest? or just RT with power)

Question 12

Re Denley’s

Answer 12

party enforcing the trust can be a defined group of individuals who directly benefit from performance of purpose

• might be an exception if Saunders doesn’t apply (re lipsinki interpretation)
• not an exception is Saunders does apply (re grant WT)

Question 13

Saunders v Vautier

Answer 13

rule doesn’t apply if:

1) B has contingent interest
2) fluctuating body of B from time to time
3) other persons have interest in accumulation of income which B would like to stop
4) contractual trust

Question 14

Rule against remoteness of vesting (people trusts)

Answer 14

perpetuities act says 125 years (wait and see rule)

Question 15

Rule against inalienability (purpose trusts) - common law still applies

Answer 15

trust is void if it is possible that by the end of the period there will not be someone with vested interested entitled to dispose of trust income (Re Hooper)