Intention, Subject and Object

Question 1

A donor must have necessary mental capacity. The level of mental capacity rises with the size of the gift. Which case?

Answer 1

Re Beaney

Question 2

The subject must be tangible benefit which can be enforced. True or false?

Answer 2

True

Question 3

“The bulk of my residuary estate” was too uncertain in which case?

Answer 3

Palmer v Simmons

Question 4

A “reasonable income” was able to be calculated to a workable formula and was therefore acceptable in what case?

Answer 4

Re Golay

Question 5

There must be segregation of tangible items of trust property from other items. Which case?

Answer 5

Re London Wine Co

Question 6

No need to segregate items if they are intangible and indistinguishable. Which case?

Answer 6

Hunter v Moss

Question 7

Intention is ascertained by words or conduct. No need to use the word “trust”. Which case?

Answer 7

Paul v Constance

Question 8

Precatory will not suffice. Which case?

Answer 8

Re Adams and Kensington Vestry

Question 9

Discretionary trusts must vest within how many years?

Answer 9

125

Question 10

Purpose trusts must vest within how long?

Answer 10

21 years

Question 11

A self declaration of a trust of land must be created in signed writing. Which section of which Act?

Answer 11

Section 53 Law of Property Act 1925

Question 12

Chattels must be delivered. Which case?

Answer 12

Re Cole

Question 13

Chattels can be transferred by deed. Which case?

Answer 13

Jaffa v Taylor Gallery

Question 14

Shares must be completed with a stock transfer form and a share certificate. This must be registered with the company.

Answer 14

Stock Transfer Act 1963

Question 15

Equity will not perfect an imperfect gift. Which case?

Answer 15

Milroy v Lord

Question 16

What are 5 exceptions to the rule in Milroy v Lord? Give cases for each.

Answer 16

1. Personal representative exception (Strong v Bird)
2. Every effort test (Re Rose)
3. Unconscionable (Pennington v Waine)
4. Self declaration of trustee (Choithram v Pagarani)
5. Bare trust equitable transfer (IRV v Vandervell)

Question 17

What conditions must be met for the personal representative exception to be made out? Which case?

Answer 17

1. Intention to make an immediate gift by the owner
2. Intention continues until death
3. Donor becomes personal representative.

Strong v Bird

Question 18

What is the “every effort test”. Which case?

Answer 18

Did the donor do everything he can to affect the gift? Re Rose

Question 19

What is the unconscionably test in which case? Which Judge? Building on which other test?

Answer 19

Pennington v Waine
Lady Justice Arden

“Would it be unconscionable for the donor to resile from their gift?”

Question 20

What is the test for self declaration of trusteeship?

Answer 20

1. Where a donor declares themselves as a trustee alongside another
2. Where the donor subsequently dies without transferring the property to the other
3. 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

Question 21

Who was the Judge in Choithram v Pagrani?

Answer 21

Lord Browne-Wilkinson

Question 22

What is the quote from the Judge in Choithram v Pagarani?

Answer 22

“Equity shall not strive officiously to defeat a gift”

Question 23

Who was the judge in Pennington v Waine?

Answer 23

Lady Justice Arden

Question 24

What is the quote from the Judge in Pennington v Waine?

Answer 24

“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”

Question 25

What is the exception in IRC v Vandervell?

Answer 25

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

Question 26

Creating a trust over chattels merely requires delivery. Which case?

Answer 26

Re Cole