Capacity, Beneficiary And Certainty Cases

Question 1

IRC v Broadway Cottages Trust

Answer 1

Settlor summed money in trust, trust directed trustee to apply income of trust fund to people who were employed by him or his family.

Trust was void for uncertainty
‘A trust must be one which the court can control and execute’

Question 2

Morice v Bishop of Durham

Answer 2

Laid down beneficiary principle stating a valid trust must be enforceable by definite objects with charitable trust as an exception.

When there is no definite objects the trust property is held on resulting trust for the settlor

Question 3

Pettingall v Pettingall

Answer 3

Non-charitable trust for animal petting. Creation of trust for maintenance and care of animals.

Satisfied the three certainties , object , subject matter and intention

Question 4

Re Astor’s Settlement Trusts

Answer 4

Trust with non-charitable purpose must be enforceable by ascertainable beneficiaries to be valid.

Trust was void for lack of ascertainable beneficiaries

Question 5

Shah v Shah

Answer 5

An imperfect gift is no declaration of trust