Certainty of Objects, Fixed Trusts and the Rules against Perpetuity Flashcards
What is the test for certainty of objects in fixed trusts?
Complete list test. IRC v Broadway cottages.
What is the test for discretionary trusts?
Given postulant test. McPhail v Doulton
What are the requirements about the class of objects in Re Baden?
- Conceptual certainty is important
AND
2 i) Stamp LP: “If there are people who cannot be ruled in or out of the trust, it fails”
ii) Megaw LJ: “If a substantial number of people can show they are within the class, it succeeds
iii) Sachs LJ: “Burden is on the claimant to prove he is within the class”
Trusts may fail due to administrative unworkability. Which case?
West Yorkshire Metropolitan CC
Trusts may fail due to capriciousness. Which case?
Re Manisty’s Settlement
Trusts must have ascertainable human beneficiaries. Which case?
Morice v Bishop of Durham
Charitable exception is made out if which three criteria are satisfied?
- Charitable purpose
- Sufficient public benefit
- Exclusively charitable
In which case was it found that a “personal nexus” was not a charity?
Re Oppenheim
In which case was it found that private schools needed a wider public benefit that educating children whose parents could afford to pay the fees?
Independent Schools Council v Charity Commission
Gifts to unincorporated associations are acceptable if they are able to be treated as a gift to the members to be disposed of as an accretion to the association’s funds. Which case?
Re Recher
Purpose trusts may be for a particular purpose if there are ascertainable human beneficiaries who gain a tangible benefit. Which case?
Re Denley
Non charitable purpose trusts must vest within 21 years. Which case?
Re Hooper
Which Judge in which case said:
“If a trust, though expressed as a purpose is directly for the benefit of an individual or individuals…it is in general outside the mischief of the beneficiary principle”?
Lord Goff in Re Denley
What is Lord Goff’s ruling in Re Denley?
“If a trust, though expressed as a purpose is directly for the benefit of an individual or individuals…it is in general outside the mischief of the beneficiary principle”
What does Professor Gary Watt say about Re Lipinski?
In his textbook “Trusts and Equity” Professor Gary Watt argues that Oliver J adopted a “pragmatic approach” in finding that either a purpose trust or a gift to the members of the club could be implied in the case of Harry Lipinksi’s will.
