Equity & Trusts - Validity of a Trust

Question 0

Knight v Knight

Answer 0

3 certainties required for declaration:

• Intention
• Subject matter
• Objects

Question 1

Re Beaney

Answer 1

S must have necessary mental capacity

Question 2

Re Adams & Kensington Vestry

Answer 2

Predatory words insufficient

Question 3

Comiskey v Bowring-Hanbury

Answer 3

Precatory words + gift-over = sufficient intention

Question 4

Re Steele’s WT

Answer 4

Following earlier precedent is sufficient intention

Question 5

Re Kayford

Answer 5

Word ‘trust’ need not be used

Question 6

Paul v Constance

Answer 6

Intention may be implied through conduct

Question 7

Palmer v Simmons

Answer 7

Objective criteria needed for apportionment

‘bulk’ is too uncertain

Question 8

Re Golay

Answer 8

Workable formula by S will be certain

‘reasonable income’

Question 9

Re London Wine Corp

Answer 9

Tangible property must be identifiable

Question 10

Hunter v Moss

Answer 10

Intangible property of the same class/type need not be separated

Question 11

Boyce v Boyce

Answer 11

Beneficial shares must be determinable

Question 12

Morice v Bishop of Durham

Answer 12

Identifiable Bs required to enforce trust

Question 13

IRC v Broadway Cottages

Answer 13

FT subject to conceptual and evidential certainty test; all Bs must be named

Question 14

McPhail v Doulton

Answer 14

DTs are subject to IAT where B must belong to an ascertainable class

Question 15

Re Barlow

Answer 15

‘friends’ is not an ascertainable class

Question 16

Re Barden

Answer 16

‘relatives’ is an ascertainable class

Question 17

Re Tuck’s ST

Answer 17

3rd party may cure uncertainty as to IAT

Question 18

ex p West Yorks MCC

Answer 18

Class may fail if administratively unworkable

Question 19

s53(1)(b) LPA 1925

Answer 19

Trusts affecting land must be:

• evidenced in writing
• signed by S/his agent

Question 20

s53(2) LPA 1925

Answer 20

Dispenses with need for writing in the operation of CT/RT

Question 21

Hodgson v Marks

Answer 21

CT will be imposed to prevent operation of fraud (in relation to land)

Question 22

Lloyds Bank v Rossett

Answer 22

CT may be imposed for family home w/o need for writing

Question 23

s9 Wills Act 1837

Answer 23

Must be in writing, signed and witnessed

Question 24

s52(1) LPA 1925

Answer 24

Land must be conveyed by deed

Question 25

s1 LP(MP)A 1989

Answer 25

Deed must be:

• signed and witnessed
• identified as such
• (before 31st July 1990) delivered

Question 26

s53(1)(c) LPA 1925

Answer 26

Equitable interest must be disposed of in writing

Question 27

Vandervell v IRC

Answer 27

Conveyance of legal and equitable title does not amount to disposition, thus no writing required

Question 28

Vandervell’s Trusts No. 2

Answer 28

Declaration of trust in favour of new B with old B’s consent is not a disposition, thus no writing required

Question 29

Grey v IRC

Answer 29

Oral instruction from B to T to transfer equitable interest to another B is a disposition, thus requires writing

Question 30

Grange v Wilberforce

Answer 30

Declaration of sub trust by B is not a disposition, thus no writing required (provided B retains some active duties)

Question 31

Neville v Wilson

Answer 31

Oral contract to transfer equitable interest gives rise to CT, thus no writing required (BUT cf. contrasting view in Oughtred v IRC)

Question 32

Gardener v Rowe

Answer 32

Improper constitution of trust only renders it unenforceable

Question 33

Milroy v Lord

Answer 33

Equity will not perfect an imperfect gift, UNLESS

• every effort
• unconscionable
• partial constitution
• indirect constitution
• marriage consideration
• enduring promise
• DMC

Question 34

Re Rose

Answer 34

Transferor must make every effort

Question 35

Pennington v Waine

Answer 35

Equity will intervene if unconscionable to allow donor to go back on promise, despite not making every effort

Question 36

Choithram v Pagarani

Answer 36

Partial constitution, e.g. settlor’s estate as co-trustee, may give rise to full constitution

Question 37

Re Ralli

Answer 37

Constitution may come about by indirect means, e.g. executorship

Question 38

Pullan v Koe

Answer 38

Marriage consideration will entitle volunteer (or his issue) at common law to compel constitution

Question 39

Strong v Bird

Answer 39

An enduring promise to effect a transfer will allow donee to assert claim, provided:

• donor’s intention remains unchanged
• donee accedes to property though executorship of will

Question 40

Re Gonin

Answer 40

Promise must be enduring

Question 41

Cain v Moon

Answer 41

A donatio mortis causa will be valid provided it satisfies 3 requirements:

• gift made in contemplation of death
• subject matter appropriately delivered
• gift made contingent upon death, i.e. revokable if donor recovers

Question 42

Wilkes v Allington

Answer 42

Contemplation does not mean expectation of death

Examples include military service, illness

Question 43

Sen v Headley

Answer 43

DMC of land must give deeds to donee (or reveal location)

Question 44

DMCs of chattels necessitate physical delivery or means of control (Re Mustapha)

Answer 44

DMC of choses in action requires essential indicia to pass, e.g. Pass book (Re Dillon)

Question 45

Jones v Selbey

Answer 45

DMC cannot be revoked by will