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Cases I Need To Know For Equity > NCTPS > Flashcards

NCTPS Flashcards

1
Q

What is the beneficiary principle.

A

Generally beneficiaries have to be identifiable humans, therefore when they’re not it is usually void.

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2
Q

When are NCTPS valid?

A

Gift
Re denley
Re Endacott

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3
Q

What is the perpetuity period for NCPTS?

A

21 years

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4
Q

“So far as the trust can legally do so”
NCTPS limits perpetuity period.

A

Re hooper 1932

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5
Q

Nature of the purpose means it will be completed within 21 years. Case?

A

Musset V bingle 1876

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6
Q

Court can strike out clause where it is useless.

A

Brown v burdett 1882

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7
Q

Which case brought exceptions to the to NCPTS?

A

The rules of Re Endacott 1960 brought the rules of which NCTPS were allowed.

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8
Q

Which 3 NCTPS did Re Endacott allow?

A
  1. Care of individual animals
  2. Graves, tombes, and monuments
  3. Saying of private masses
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9
Q

Case relating to care of individual animals?

A

Pettingall v pettingall 1842 - allowed

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10
Q

Case relating to saying of private masses and why was it allowed?

A

Re Thompson 1934 - Promotion of fox hunting, residue to go to colleges at Cambridge uni.

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11
Q

Give 2 other ways NCTPS can be valid.

A
  1. Deemed to be a gift.
  2. Re denley.
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12
Q

Case relating to gifts with a purpose.

A

Re bowes 1896 - courts couldn’t have done anything else.

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13
Q

Re denley confirmed a purpose trust is valid if -

A

1 it is directly or indirectly for the benefit of individuals provided the individuals are ascertainable.
2. The trust is expressly limited in perpetuity.
3. There was a gift over in default.

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14
Q

What does a gift over in default mean?

A

Provided what would happen with the land when the perpetuity period came to an end.

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15
Q

What is an unincorporated association?

A

An organisation set up through an agreement between a group of people who come together for a reason other than to make profit (e.g. a sports club)

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16
Q

Which case defined an unincorporated association?

A

Conservative central office v Burrell 1982

17
Q

How does conservative central office v Burrell 1982 define a UA?

A

Two or more people who are bound together for one or more common purpose.

18
Q

Big issue with UA?

A

No legal personality. So banks set up in 1 or more individuals name, they have complete control of it so need to be tied to it as much as possible.

19
Q

What are the three different ways of constructing a gift in UA?

A
  1. Gift to existing members as JT
  2. Gift to existing members subject to their respective contractural rights and liabilities
  3. Gift for existing and future members
20
Q

“Every other trust must have a definite object”

A

Morice v bishop of Durham

21
Q

“One cannot have a trust, other than a charitable trust, for the benefit not of individuals but of objects”

A

Re shaw

22
Q

What is a non-charitable purpose trust? Case?

A

Re shaw wills trust, a trust of imperfect obligation

23
Q

Reason for perpetuity period? Case?

A

Re khoo cheng teow 1932 - not right for property to be tied up out of economic circulation.

24
Q

Gifts valid as a NCPTS? Case?

A

Re bowes 1896, YES

25
Q

Purpose of the trust was motive, rather than the object but this was allowed as a NCPT?

A

Re Andrew’s 1905 - compare to re bowes 1896

26
Q

Explain re denely 1968 principle.

A

Testator leaves the gift to the members in a language which indicates that there are identifiable beneficiaries.

27
Q

What happened in re denely 1969?

A

Land was left by the testator for the “use and enjoyment of employees of a company”

28
Q

Case to show graves can be a NCPTS?

A

Pribright v salwey 1896

29
Q

Case to support saying of private masses?

A

Bourne v keane 1919

30
Q

If a trust fails for saying of private masses, can it become a charitable trust? Case to support.

A

YES provided it’s an open mass to public, re hethrington.

31
Q

Case to support animal will not live past 21 year perpetuity period.

A

Re Haines

32
Q

Case to show perpetuity period?

A

Re Kelly 1932

33
Q

Which case shows options of how to deal with NCPTS and UA’s?

A

Neville estates v madden 1962

34
Q

Can a member sever their share in the contract holding theory? Case?

A

NO - Re Reachers Will trust and Re St Andrew’s club trust

35
Q

Can the member chose to not carry out the intended purpose of the testator? Case?

A

YES - lipinski 1976, nothing can be done about it.

Cases I Need To Know For Equity (4 decks)

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