Formalities & Constitution

Question 1

Paul v Constance

Answer 1

1977 must be valid declaration of trust

Question 2

Land

Answer 2

Must be manifested in writing a.53(1)(b) LPA 1925

Question 3

Appointing 3rd party trustees - Land

Answer 3

S.52(1) transfer deed & registration
Richard’s v Delbridge - equity will not perfect imperfect gift

Question 4

Appointing 3rd party trustees - Shares

Answer 4

Stock transfer delivery form, delivery of share certificate and registration

Milroy v Lord - was ineffective transfer

Question 5

Appointing 3rd party trustees - Chattels

Answer 5

deed or physical delivery of gift/ record ownership change

Jaffa v Taylor Gallery 1990
Thomas v Times Book Company

Question 6

Appointing 3rd party trustees - Equitable Interests

Answer 6

S.53(1)(c) LPA in writing
Grey v IRC 1960

Question 7

Jones v Lock

Answer 7

Money to baby, no intention to transfer > ineffective consideration

Question 8

Re Ellenborough Park 1903

Answer 8

Equity will not assist a volunteer (without providing consideration)

Question 9

Holroyd v Marshall 1862

Answer 9

Money as consideration

Question 10

Marriage consideration

Answer 10

Trust Must be at time of marriage to benefit spouse , kids
Bens can enforce - Re Densham 1975
Re Cook 1965