Express Trusts Flashcards
Is a trust bilateral or unilateral
Unilateral
Not a contract
Where are the formalities
S53 law of property act 1925
Knight v knight
3 certainties
Intention
Subject matter
Objects
Transfer of property
Unregistered - deed
Registered - register title. Chattels by deed or gift with delivery
Re ralli
As long as trustee receives legal title, it will be constituted
Diggles
Precatory words not good enough
It’s my desire friends would get money out of estate
Looking for substance of intention
Bowring hanbury
Will must be looked at holistically to accurately find intention
Unintentionally created a trust by giving all confidence to wife
Certainty of subject matter
Identify property - plamer - ‘bulk’ isn’t specific enough so become gift
Kolbs - ‘residue’ is certain.
Identify respective shares
Conceptual certainty
Term defines who they are
Evidential certainty
Can you prove they are that person
Fixed trust
Both certainty’s required
Jones v lock
Must be declaration of trust
Cheque to baby
Diggers
Substance of intention
Sayer
No evidence of ex employees
Palmer
Bulk isn’t specific
Kolbs
Residue
S27 trustee act
Missing people
McPhail
Individual ascertain-ability test
Don’t need to find every relative
Can an individual show they are in that class
Baden
No need to positively prove x is not in that class.
Differing ops
Look at people and select according to needs
Hawskey v may
Trustee must inform beneficiary of rights
