Certainty Of Subject Matter Flashcards
What is the certainty of subject matter for ?
To ascertain what property is to be left to the recipient.
Section 4 of the Trustee Act 2000?
Under an obligation of to keep any investments under review.
Sprange v Barnard [1789]
The settlers left £300 to her husband, Thomas. She said “for his sole use” but for any money he didn’t want to be split between other family.
Action was taken by Thomas because the will was unclear and that it was an absolute gift to Thomas.
No trust was made as the property was certain.
What was the precedent of Sprange v Barnard?
That the amount of money left when Thomas dies could not be certain, hence no trust.
It was also not clear how the money should be split.
Palmer v Simmonds [1854]
Estate left to nephew and she said “if he were to die, a sufficient amount should be left to his window” and “a bulk of my residuary estate, should be left to relatives.
No trust because “bulk” was uncertain of the amount being left.
Hunter v Moss [1994]
50 shares of 1000 given to the defendant. Appeals that there was no trust made since the 50 shares weren’t specific.
Appeal dismissed said all 1000 shares were the same so it didn’t matter which 50 it was.
Re London Wine Co (shippers) [1986]
Costumers bought wine for investment purpose and received certificate of equitable ownership. Individual bottles were not seperated.
Court held; Hunter v miss cannot be applied as no 2 bottles of wine were a perfectly alike. The trust allowed the customer to a particular amount and vintage of wine as oppose to a select bottle.
What case defines beneficial interest?
Boyce v Boyce [1848]
Boyce v Boyce [1849]
2 properties left to 2 daughters,
One daughter was asked to choose which one she would rather have but died before she did.
No trust for a property could be founded for the other daughter since the one didn’t choose. No certainty of which property should be left for Charlotte because Maria didn’t choose.
