Equity & Trusts - Beneficiary Principle

Question 0

Motive v Bishop of Durham

Answer 0

Identifiable beneficiaries are required to enforce a trust

Question 1

Re Astor

Answer 1

NPCTs are void prima facie for want of beneficiary to enforce

Question 2

Re Hooper

Answer 2

1. “as long as the law will allow” is deemed to be within the PP
2. Gifts for care/maintenance of monuments are valid

Question 3

Re Denley

Answer 3

Trusts/gifts for ‘purposes not purposes’ are valid

Question 4

Re Endacott

Answer 4

1. Class of exceptions to Re Astor rule is closed

2. NPCTs may still fail if uncertain - “some useful/fitting monument”

Question 5

Re Osoba

Answer 5

Rebuts presumed RT of surplus funds if shown that donor intended to part with them absolutely

Question 6

Re Abbott

Answer 6

Presumption of RT in case of surplus funds

Question 7

Re Recher

Answer 7

Disposition to UA may be construed as an outright gift to the members held on the basis of the contractual terms of membership –> accretion of funds

Question 8

Re Grant

Answer 8

If rules of membership of UA do not permit distribution of funds upon dissolution, the gift will be void

Question 9

Conservative and Unionist Central Office

Answer 9

UA must not have a business purpose

Question 10

Re Dean

Answer 10

Gifts for care/maintenance of animals are valid

Question 11

s2 PAA 2009

Answer 11

Rule against inalienability does not apply to charities

Question 12

s5 PAA 2009

Answer 12

Statutory maximum of 125 years applies to all deeds/wills executed after 6th April 2010 (remoteness of vesting)

Question 13

s1 PAA 1964

Answer 13

T may declare a PP of up to 80 years for deeds/wills executed before 6th April 2010 (remoteness of vesting), but not for NPCTs

Question 14

s15(4) PAA 1964

Answer 14

Interests/gifts vesting outside PP for NPCTs are void ab initio, i.e. ‘wait and see’ provisions do not apply

Question 15

s2(2) Charities Act 2006

Answer 15

Certain purposes may be charitable, provided they are amateur

Question 16

Re Shaw

Answer 16

NPCTs may fail for being capricious

Question 17

Musset v Bingle

Answer 17

Courts will seek to give effect to parts of NPCTs which are within PP (contrast with s15(4) PAA 1964)

Question 18

Re Kelly

Answer 18

Common law PP for inalienability reduced to 21 years where there are no human lives

Question 19

s18 PAA 2009

Answer 19

Statutory PP excluded; common law rule of life/lives in being + 21 years applies to NCPTs

Question 20

Leagh v AG

Answer 20

Where NPCTs are invalid, the property returns to the settlor/his estate via RT