Non charitable purpose trust and beneficiary principle

Question 1

which is the leading case of the beneficiary principle?

Answer 1

Morice v Bishop of Durham (1804)

Question 2

What did Lord Grant in Morice v Bishop of Durham 1804 stated?

Answer 2

“Every trust must have a definite object. There must be somebody in whose favour the court can decree performance”

Question 3

once the 3 certainties have been established, what do you have to satisfy next?

Answer 3

the beneficiary principle

Question 4

Which concept is linked with the beneficiary principle?

Answer 4

to the certainty of objects= there must be beneficiaries capable of being identified

Question 5

in which period must the beneficiary principle be satisfied?

Answer 5

during the perpetuity period.

Does not ned to be satisfied when the trust is created

Question 6

What is the difference between express trusts and purpose trusts?

Answer 6

Express trusts must be for persons and purpose trusts are not recognised as such (there are exceptions to this)

Question 7

What are the exceptions to purpose trusts (recognised trusts for persons)?

Answer 7

trust for the maintenance of monument and graves, trust for the saying of masses, trust for particular animals