Express Trusts - Three Certainties

Question 1

Three Certainties

Answer 1

Intention, Subject matter, Objects

Question 2

Three Certainties case

Answer 2

Chambers v Fahey 1931

Question 3

Whether, in substance, sufficient intention to create a trust has been manifested

Answer 3

Re Kayford 1975

Question 4

Precatory words/ moral obligation - insufficient

Answer 4

Re Adams & the Kengsington Vestry 1884

Question 5

Imperative Words - sufficient

Answer 5

Paul v Constance 1977

Question 6

Sham Trusts

Answer 6

Midland Bank v Wyatt 1995

Question 7

What is required is common intention, but reckless indifference will be taken to constitute necessary intention

Answer 7

A v A 2007

Question 8

If there is no intention to create a trust….

Answer 8

Absolute Gift

Question 9

Subject Matter must be ….

Answer 9

Clearly identifiable

Question 10

Chattel

Answer 10

Rowe v Prance 1999

Question 11

Chose in Action

Answer 11

Paul v Constance 1977

Question 12

s

Question 13

Trust for property and to receive a ‘reasonable income’ sufficiently defined

Answer 13

Re Golays WT 1965

Question 14

Wife to inherit ‘all other houses’ after daughter chose one

Answer 14

Boyce v Boyce 1849 not sufficiently defined

Question 15

Unregulated goods

Answer 15

Re London Wine Corp 1986
Re Goldcorp Exchange Ltd 1995

Question 16

Re Goldcorp Exchange Ltd 1995

Answer 16

‘it makes no difference what the parties intended, if what the intended is impossible’

Question 17

Re Goldcorp Exchange Ltd 1995 judge

Answer 17

Lord Musthill

Question 18

Land

Answer 18

Proprietors of Wakatu v AG 2017

Question 19

Intangible Assets

Answer 19

Hunter v Moss 1993 (shares)

Question 20

‘real property, intellectual property rights or bank debts’

Answer 20

Wilkinson v North 2018

Question 21

Objects must be

Answer 21

Identified or identifable

Question 22

Trustee must be able to administer the trust

Answer 22

IRC v Broadway Cottages 1955

Question 23

Fixed Trust

Answer 23

‘ascertained or ascertainable beneficiaries’ Re Endacott 1960 - List Certainty

Question 24

Mere powers

Answer 24

Do not have to ascertain every member of the class Re Gulbenkian’s Settlements 1970

Question 25

Discretionary Trusts Irish Test

Answer 25

List Certainty

Question 26

Discretionary Trusts Irish Test case

Answer 26

IRC v Broadway Cottages 1955

Question 27

Discretionary Trusts UK Test

Answer 27

individual ascertainability test - If it can be said with certainty that any given individual is or is not a member of the class

Question 28

Discretionary Trusts UK Test case

Answer 28

McPhail v Doulton 1971

Question 29

List Certainty affirmed

Answer 29

Re Parker 1966 & O'Byrne v Davoren 1994

Question 30

trust relied on trustees opinion of whether wife had ceased living in the property

Answer 30

Re Coxen - valid

Question 31

trust relied on trustees opinion of social relationships

Answer 31

Re Jones - invalid

Question 32

trust relied on trustees opinion of who had a moral claim

Answer 32

Re Leek - invalid

Question 33

trust relied on Rabbis opinion of if someone was an approved wife under Jewish standards

Answer 33

Re Tuck - valid

Question 34

Unworkability

Answer 34

R v District Auditor ex parte West Yorkshire Re Harding 2008

Question 35

Capriciousness

Answer 35

Brown v Burdett 1882