Cases Flashcards
Miller v Jackson
Cricket club
Negligence (Injunction)
Saunders v Vautier
Collapsing a trust
- absolutely entitled
- over 18
- of sound mind
Curtis v Luken
Collapsing a trust with multiple beneficiaries
- sound mind
- abs entitled
- over 18
- all agree
Re Smith
A discretionary trust can be 'Saunders v Vautier'ed if there is a closed beneficiary group all abs entitled sound mind (Versus what?)
Sainsbury v IRC
potential beneficiaries have no propriety interest unless selected by the trustee
(Versus what?)
Paul v Constance
Certainty of intention
marriage - bank account
Palmer v Simmonds
Certainty of subject matter
- trust property itself
‘bulk of residue estate’
Harrison took absolutely
Re Golay’s WT
Certainty of subject matter
- trust property itself
‘reasonable income’
(contrast with ?)
Re London Wine
Tangible property
Not subject to trust
Hunter v Moss
Shares
Intangible
Subject to trust
Re Baden’s DT
Certainty of objects
‘Relatives’
Re Barlow’s WT
Certainty of objects
‘friends’
R v District Auditor ex p West Yorks MCC
Certainties of object
Administrative unworkability
Boyce v Boyce
Beneficial entitlements
Sister picks, others goes to younger sister
No trust
Knight v Knight
3 Certainties
Re Adams and Kensington Vestry
Certainty of intention
‘in full confidence’
No trust
Comiskey v Bowring Hanbury
Certainty of intention
‘in full confidence’
Is a trust
Re Kayford
Certainty of Intention
No need for words
Mail order - segregated bank accounts
Re Goldcorp Exchange Ltd
Certainty of subject matter
Gold bullion
No trust
RC v Broadway Cottages
Certainty of Objects
Couldn’t identify entire list so it failed
McPhail v Doulton
Certainty of object
Is or is not test
Hodgson v Marks
Formalities
Exception to S53 1b LPA 1925
- s53(2) LPA 1925
Implied trust was created
Grey v IRC
Formalities
6 grandchildren
The House of Lords held that there was no transfer of the equitable interest when the oral declaration was made (due to non-compliance with s53(1)(C)), but the disposition of Hunter’s interest in the shares was effective when the later declaration was made in writing (so stamp duty was payable)
Vanderwell v IRC
Formalities
Impliedly uses his Saunders v Vautier powers
Does not need to comply w 531c (in writing)
Neville v Wilson
Formalities
Court of Appeal held that an equitable interest in private company shares could pass by virtue of a contractual constructive trust
arising on a specifically enforceable agreement.
Subject to specific performance
Implied trust (53 s2)
Wouldn’t then matter that agreement was oral because s53(2) would apply.
Nelson v Greening & Sykes
Formalities
Sub trust
No 53 1c
Re Paradise Motor Co Ltd
Formalities
Disclaiming
Not subject to 53 1c
Milroy v Lord
3 ways to transfer property
- gift (c), Transfer on Trust (c), self dec (no c)
Equity will NOT imperfect an imperfect gift
Jones v Lock
Application of Milroy v Lord
- Equity does not assist a volunteer
Richard v Delbridge
Application of Milroy v Lord
- Court…not at liberty to construe words otherwise than according to peoper meaning
Re Rose
Exception to Milroy v Lord!
Equitable title was moved
RULES
- correct method of transfer must be used
- Transferor must do everything within their power to effect the transfer
- documentation must end up in the hands of the institution effecting the legal title transfer
Mascall v Mascall
Extension of Re Rose
‘softens’ second requirement
- transfer must be irrevocable by transferor
Compare to Re Fry
Pennington v Waine
Aunt - newphew - shares
Technically not revocable
Court decides this is unconscionable
(look at this as estoppel!)
T Choithram Int SA v Pagarani
PC treats transfer on trust as self declaration
C unnecessary
Unsconsionable to have gone back
Strong v Bird
Fortuitous vesting
Stepson - stepmum - debt - makes him the executor
RULES
- immediate intention to make a gift
- continuing intention to make a gift
- recipient must be made the personal representative
Re Freeland
Immediate intention to make a gift
Car
Re Gonin
Nothing to indicate the donor has changed their mind
Re Ralli’s WT
Extension of Strong v Bird
Suggested a trust becomes constituted if the trust property came into the trustee’s hands in any legit way
(ignores what case?)
Re Brooks
Ring fenced nature of trusts
Contrast with what case?
Cain v Moon
Donationes Mortis Causa RULES - contemplation of imminent death - Gift must be conditional upon death - Actual / construtive delivery of the property through the passion of dominion
King v Dubrey
Application of Cain v Moon
- imminent death
NOT philosophical
Woodard v Woodard
Application of Cain v Moon
Delivery of the property
Sen v Headley
Application of Cain v Moon
Deeds in steel box, keys to box slipped into bag
Thorner v Major
Proprietary estoppel
- promise / assurance
- detrimental reliance
- flexible remedy
(farm case)
