Equity

Question 1

3 certainties are?

Answer 1

Certainty of intention refers to meaning of the words

Certainty of subject-matter refers to assets being placed in trust

Certainty of objects refers to beneficiaries must be clear who benefits

Question 2

4 types of uncertainty

Answer 2

Conceptual uncertainty= language unclear

Evidential uncertainty =where a question of face e.g where beneficiaries can’t be answered = not invalid.

Ascertainabilty = beneficiaries can’t be found

Administrative unworkable

Question 3

Friends giving extrinsic evidence regarding beneficiaries?

Answer 3

3 nephews called John smith.

Court can admit evidence to show he only spoke to 1 John smith

Question 4

Creating trust to maintain a pet?

Answer 4

Trusts established for the maintenance of specific pets are non-charitable purposes trusts

Question 5

If spouse transfers whole property to their spouse. Is it valid and what’s presumption of advancement?

Answer 5

Presumption of advancement applies as married. Unless evidence to the contrary a resulting trust and a gift presumed.