Intention, Subject and Object Flashcards
A donor must have necessary mental capacity. The level of mental capacity rises with the size of the gift. Which case?
Re Beaney
The subject must be tangible benefit which can be enforced. True or false?
True
“The bulk of my residuary estate” was too uncertain in which case?
Palmer v Simmons
A “reasonable income” was able to be calculated to a workable formula and was therefore acceptable in what case?
Re Golay
There must be segregation of tangible items of trust property from other items. Which case?
Re London Wine Co
No need to segregate items if they are intangible and indistinguishable. Which case?
Hunter v Moss
Intention is ascertained by words or conduct. No need to use the word “trust”. Which case?
Paul v Constance
Precatory will not suffice. Which case?
Re Adams and Kensington Vestry
Discretionary trusts must vest within how many years?
125
Purpose trusts must vest within how long?
21 years
A self declaration of a trust of land must be created in signed writing. Which section of which Act?
Section 53 Law of Property Act 1925
Chattels must be delivered. Which case?
Re Cole
Chattels can be transferred by deed. Which case?
Jaffa v Taylor Gallery
Shares must be completed with a stock transfer form and a share certificate. This must be registered with the company.
Stock Transfer Act 1963
Equity will not perfect an imperfect gift. Which case?
Milroy v Lord
What are 5 exceptions to the rule in Milroy v Lord? Give cases for each.
- Personal representative exception (Strong v Bird)
- Every effort test (Re Rose)
- Unconscionable (Pennington v Waine)
- Self declaration of trustee (Choithram v Pagarani)
- Bare trust equitable transfer (IRV v Vandervell)
What conditions must be met for the personal representative exception to be made out? Which case?
- Intention to make an immediate gift by the owner
- Intention continues until death
- Donor becomes personal representative.
Strong v Bird
What is the “every effort test”. Which case?
Did the donor do everything he can to affect the gift? Re Rose
What is the unconscionably test in which case? Which Judge? Building on which other test?
Pennington v Waine
Lady Justice Arden
“Would it be unconscionable for the donor to resile from their gift?”
What is the test for self declaration of trusteeship?
- Where a donor declares themselves as a trustee alongside another
- Where the donor subsequently dies without transferring the property to the other
- Where equity should not allow his estate to resile from the gift
Equity shall “not strive officiously to defeat a gift”. Lord Browne-Wilkinson
Choithram v Pagarani
Who was the Judge in Choithram v Pagrani?
Lord Browne-Wilkinson
What is the quote from the Judge in Choithram v Pagarani?
“Equity shall not strive officiously to defeat a gift”
Who was the judge in Pennington v Waine?
Lady Justice Arden
What is the quote from the Judge in Pennington v Waine?
“the donor will not be permitted to change his or her mind if it would be unconscionable, in the eyes of equity, vis a
vis the donee to do so”
What is the exception in IRC v Vandervell?
If property is held on a bare trust, and the beneficiary instructs the trustee to transfer the legal estate, the equitable interest shall pass regardless of Section 53 LPA 1925
Creating a trust over chattels merely requires delivery. Which case?
Re Cole
