Last minute cases

Question 1

Re Barlows

Answer 1

Paintings for friends;
broad test for cert. objects - more so than Baden No.2;
Gift w/ condition precedent;

Question 2

Re Allens

Answer 2

1 or more ppl need to be shown to be b’ees of a gift for it to be valid;

Question 3

Manisty’s

Answer 3

Capriciousness - a power will fail if it is capricious - a power will fail if it is capricious

Question 4

Hays

Answer 4

The donee, if he exercises the power, must do so “in a responsible manner according to its purpose. It is not enough for him to refrain from acting capriciously; he must do more. He must ‘make such survey of the range of objects or possible beneficiaries’ as will enable him to carry out his fiduciary duties” - Megarry

Question 5

Lipinski

Answer 5

U.A. Gift held on contractual membership is added to funds of club so mbrs do not get immediate share

Question 6

Denley

Answer 6

Sports ground held for ascertainable B’ees who wld supervise & ensure no fraud;
Not a purpose T;
B’ee principle - B’ees must have tangible and direct interest - then they have locus standi

Question 7

Hanchett-Stamford

Answer 7

Assets of a U.A. that is not charitable and had dissolved to less than 2 mbrs - prop. vests in surviving member - doesn’t go bona vacantia

Question 8

Re Thompson

Answer 8

NCPT - 4th exception: miscellaneous - e.g. fox hunting

Question 9

Re Astors

Answer 9

A T. without a human B’ee is void.

Question 10

Assets of a U.A. that is not charitable and had dissolved to less than 2 mbrs - prop. vests in surviving member - doesn’t go bona vacantia

Answer 10

Hanchett-Stamford

Question 11

Denley

Answer 11

B’ee principle - B’ees must have tangible and direct interest - then they have locus standi

Question 12

Capriciousness - a power will fail if it is capricious - a power will fail if it is capricious

Answer 12

Manisty’s

Question 13

A T. without a human B’ee is void.

Answer 13

Re Astors

Question 14

Hays

Answer 14

The donee, if he exercises the power, must do so “in a responsible manner according to its purpose. It is not enough for him to refrain from acting capriciously; he must do more. He must ‘make such survey of the range of objects or possible beneficiaries’ as will enable him to carry out his fiduciary duties” - Megarry

Question 15

NCPT - 4th exception: miscellaneous - e.g. fox hunting

Answer 15

Re Thompson

Question 16

Paintings for friends;
broad test for cert. objects - more so than Baden No.2;
Gift w/ condition precedent;

Answer 16

Re Barlows

Question 17

Pugh’s W.T.

Answer 17

Where words are held NOT to create a trust, the Donee of property takes beneficially

Question 18

Golay’s W.T.

Answer 18

where Subj.Matt is to be determined at discretion of T’ees - MAY be valid if objective determinant exists - “reasonable income”

Question 19

Baden No. 2

Answer 19

Regarding evidential uncertainty - Claimant has to show he is w/in the class;

Question 20

Where words are held NOT to create a trust, the Donee of property takes beneficially

Answer 20

Pugh’s W.T.

Question 21

where Subj.Matt is to be determined at discretion of T’ees - MAY be valid if objective determinant exists - “reasonable income”

Answer 21

Golay’s W.T.

Question 22

Regarding evidential uncertainty - Claimant has to show he is w/in the class;

Answer 22

Baden No. 2

Question 23

Hay’s

Answer 23

Gifts - crt not insist on complete certainty as this would defeat most gifts;

Question 24

Flavel’s W.T.

Answer 24

Future B’ees must be ascertainable w/in the perp. prd.

Question 25

Hays - Donee bare power

Answer 25

under no fiduciary responsibility;

no obligation to exercise power or even consider it

Question 26

Duties of a Donee of a Fiduciary power

Answer 26

Make no unauthorised appointments;
consider periodically whether to exercise the powers;
consider range of objects;
consider the appropriateness of individual appointments;
Duties are not exhaustive

Question 27

Bird v Luckie

Answer 27

No english doctrine of capriciousness

Question 28

ex p. west yoprkshire

Answer 28

Admin.Unwork & Capriciousness are separate concepts

Question 29

Future B’ees must be ascertainable w/in the perp. prd.

Answer 29

Flavel’s W.T.

Question 30

under no fiduciary responsibility;

no obligation to exercise power or even consider it

Answer 30

Hays - Donee bare power