Pre Seen

Question 1

Knight v Knight

Answer 1

Lord Langdale

The certainties

Question 2

Re snowden

Answer 2

Dehors the will theory

Question 3

Ottoway v Norman

Answer 3

Fully secret trust of land valid even though not in writing

Basic test:

• intention (legal obligation re snowden)
• communication
• acceptance

Question 4

Wallgrave v tebbs

Answer 4

No certainty if not communicated before death

Question 5

Re boyes

Answer 5

Legacy to solicitor, letter later found

Resulting trust to the next of kin

Question 6

Re youg

Answer 6

Chauffeur witness, still entitled

Question 7

Re Diggles

Answer 7

Not merely a wish

Question 8

Re Dean

Answer 8

Trust for maintenance of animals

Question 9

Pettingual v pettingual

Answer 9

Residual legatees watch for failure, resulting trust

Question 10

R v District Auditor, ex p West Yorkshire

Answer 10

Sufficiently certain but too big to manage

Question 11

Re Gardam

Answer 11

Limited means created certainty

Question 12

Aberdeen Railway v Blaikie Bros

Answer 12

Can’t enter engagement he may have personal interest in which may conflict with duty to other beneficiaries

Question 13

Nestle v National Westminster Bank plc

Answer 13

Duty to act for all beneficiaries, maintain fair balance between them

Question 14

Pitt v Holt

Answer 14

Lord walker

Good faith, responsibly, reasonably

Question 15

Re Ridsel

Answer 15

Court administration of trust expensive

Question 16

Re Ministry’s Settlement

Answer 16

If no link/connection not enforced

Question 17

Hunter v Moss

Answer 17

Subject matter defined, identifiable and proportion of each beneficiary’s interest clear

Question 18

White and Others v Williams and Others

Answer 18

Similar charitable purpose

Question 19

Kings v Bultitude

Answer 19

Advancement of their purposes, general charitable intent

Question 20

Re fingers will trust

Answer 20

General charitable intention despite institution ceasing to exist

Question 21

McGovern v Attorney General

Answer 21

Political purposes if advocating changes in law/policy

Question 22

Bowman v Secular Society Ltd

Answer 22

Charities cannot pursue political objectives

Question 23

MacPhail v Doulton

Answer 23

Class test

Question 23

Re Hardwood

Answer 23

Easier to find charitable intention if never existed

Question 24

Philips v RSPB

Answer 24

Cy pres applied because underlying charitable intention

Question 25

Virgo

Answer 25

Void, needs to be charitable