Certainties

Question 1

Knight v Knight

Answer 1

3 certainties

Question 2

Lambe v Eames

Answer 2

Precatory - hope, wish, moral obligation, gift intended

Imperative - command to do something, trust intended

Question 3

McPhail v Doulton

Answer 3

Validity of DT. Can it be said with certainty someone is a member of a certain class - relatives and dependants

Question 4

Re Badens Trust No.2

Answer 4

To satisfy mcphail test, is class of beneficiaries conceptually certain

Question 5

Re Gulbenkians

Answer 5

Test for certainty of objects for fiduciary powers is one of individual ascertainability

Question 6

Re London WineCo

Answer 6

Bull of tangible property must be segregated to satisfy subject matter requirement

Question 7

Hunter v Moss

Answer 7

No segregation required, shares intangible

Question 8

Paul v Constance

Answer 8

Conduct can infer intention

Question 9

Boyce v Boyce

Answer 9

Beneficial interests must be certain - not possible to say which houses are for C

Question 10

IRC v Broadway Cottages

Answer 10

Full list of beneficiaries must be available