Express Trusts - Duty To Survey Field And Admin Unworkability

Question 1

Duty to survey field in fixed trust?

Answer 1

Complete list required - defines who one must do

- not much more to think about with this one

Question 2

What is the case for duty to survey in discretionary trusts?

Answer 2

Re Baden’s Deed Trusts (No 2) [1973] Ch 9 (CA):
 Stamp LJ: A ‘comprehensive range of inquiry is called for.’
 Sachs LJ had better interpretation of this - ‘Assessing in a business like way “the size of the problem”’ is what the trustees are called on to do.

Question 3

Which case is discretionary said there needs to be an ‘appreciation’ of the width of the field’ in relation of how to administrate different sized trusts?

Answer 3

Re Hay’s ST [1982]

Question 4

Duty to survey filed with fiduciary powers case?

Answer 4

Re Gestetner’s Settlement [1953] Ch 672

Question 5

What is there always an option for with a mere power?

Answer 5

if you don’t spend all the money on members of the discretionary class, there's the default of a gift over, the alternative destination for the money
- Might be rational to prefer the gift over, say if there's a huge class and only a small amount of money, would make more sense for gift over

Question 6

What is the only decided case for capriciousness and what happened?

Answer 6

Brown v Burdett (1882):
 Testator devised house to trustees to block up most of
the rooms for 20 years (close to max amount of time you can do this for) before final transfer to beneficiaries
- Probs done in spite
- Failed as court said it was capricious, has no reasonable purpose so trust held to be invalid
- But this would be admin workable

Question 7

V

Answer 7

Re Hay’s ST [1982] 1 WLR 202 (Ch) 212:
 A trust to benefit ‘all the residents of Greater London’
would not be capricious if the settlor were, say, ‘a
former chairman of the Greater London Council’
So wouldn’t be capricious but would be admin unworkability

Question 8

What is the general policy for perpetuities?

Answer 8

general policy of the law that Wealth should not be tied up for long period of time
 The ‘Dead Hand’ rationale - don’t want dead person locking up money and not putting it to good use

Question 9

What act relates to perpetuities?

Answer 9

Perpetuities and Accumulations Act 2009

Question 10

What does the perpetuities act say?

Answer 10

For new settlements and wills (06/04/2011 onwards)
 Section 5: Must vest within 125 years
- Relates to capriciousness - both limit how much money can be tied up for