Part A Q1

Question 1

Certainty, beneficiary, principle and capacity

Answer 1

Certainty of Subject Matter - clear what property is part of the trust
Certainty of Objects - be clear who the beneficiaries are
Certainty of Intention - clear what testator intends to create a trust

Question 2

IRC v broadway cottages trust [1955] ch 20

Answer 2

Complete list test - states discretionary trusts are only valid if possible to ascertain the identity of every beneficiary overrules in mcphail v doulton

Question 3

Morice v Bishop of Durham 1805 10 ves 522

Answer 3

Laid the beneficiary principle - stating a valid trust must be enforceable by definite objects

The purport5ed trust was not charitable and had no ascertainable beneficiaries

Question 4

Pettingall v Pettingall 1842 11 LJ ch 176

Answer 4

A trust for horse was upheld despite a lack of ascertainable human beneficiary

Question 5

Re Astor settlement trusts 1952 ch 534

Answer 5

Trust was void for lack of ascertainable beneficiaries. To avoid creation of anomalous purpose trust

Question 6

Shah v shah 2011 WTLR 519

Answer 6

Certainty of subject matter

Question 7

Formalities

Question 8

Banks v Goodfellow 1869-70 LR 5QB 549

Answer 8

Legal challenge to validity of will; person making will must understand nature of will

Comprehend the extent of the property

Be aware of the potential beneficiaries

Question 9

Barrett v Bem 2012 EWCA Civ 52

Question 10

Timpson’s Executors v Yerbury 1936 1 KB 645

Question 11

Effective transfer of title

Question 12

Gillett v Holt 2001 CH 210

Question 13

Mascall v Mascall 1984 49 P & CR 119

Question 14

Re Fry 1946 ch 312

Question 15

T.Choithram International S.A v Pagarani 2001 1 WLR

Question 16

Woodard v Woodard 1995 3 ALL ER 980