Express Trusts

Question 1

Is a trust bilateral or unilateral

Answer 1

Unilateral
Not a contract

Question 2

Where are the formalities

Answer 2

S53 law of property act 1925

Question 3

Knight v knight

Answer 3

3 certainties
Intention
Subject matter
Objects

Question 4

Transfer of property

Answer 4

Unregistered - deed
Registered - register title. Chattels by deed or gift with delivery

Question 5

Re ralli

Answer 5

As long as trustee receives legal title, it will be constituted

Question 6

Diggles

Answer 6

Precatory words not good enough
It’s my desire friends would get money out of estate
Looking for substance of intention

Question 7

Bowring hanbury

Answer 7

Will must be looked at holistically to accurately find intention
Unintentionally created a trust by giving all confidence to wife

Question 8

Certainty of subject matter

Answer 8

Identify property - plamer - ‘bulk’ isn’t specific enough so become gift
Kolbs - ‘residue’ is certain.
Identify respective shares

Question 9

Conceptual certainty

Answer 9

Term defines who they are

Question 10

Evidential certainty

Answer 10

Can you prove they are that person

Question 11

Fixed trust

Answer 11

Both certainty’s required

Question 12

Jones v lock

Answer 12

Must be declaration of trust
Cheque to baby

Question 13

Diggers

Answer 13

Substance of intention

Question 14

Sayer

Answer 14

No evidence of ex employees

Question 15

Palmer

Answer 15

Bulk isn’t specific

Question 16

Kolbs

Answer 16

Residue

Question 17

S27 trustee act

Answer 17

Missing people

Question 18

McPhail

Answer 18

Individual ascertain-ability test
Don’t need to find every relative
Can an individual show they are in that class

Question 19

Baden

Answer 19

No need to positively prove x is not in that class.
Differing ops
Look at people and select according to needs

Question 20

Hawskey v may

Answer 20

Trustee must inform beneficiary of rights