Private Purpose Trusts Flashcards

1
Q

Beneficiary principle - a trust must have ascertainable beneficiaries, though it may accumulate income for 125 years before capital has to be distributed

A

Morice v Bishop of Durham - every non-charitable trust must have a definite object

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2
Q

Need for beneficiary arises from the obligatory nature of a trust

A

Re Astor’s ST

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3
Q

Exceptions to the beneficiary principle

A

Re Endacott:

  • Erection and maintenance of monuments and graves
  • saying of private masses
  • maintenance or particular animals
  • miscellaneous cases
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4
Q

Trust for erection of monument was a valid PPT, but trust for maintenance of it was void on grounds of perpetuity

A

Mussett v Bingle

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5
Q

Trusts for monuments/graves may be charitable (no perpetuity period) if monument located inside or attached to fabric of church building, or if grave inside churchyard and trust is for the churchyard in general

A

Re Douglas

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6
Q

Trust for tablet and window inside church upheld as charitable trust; trust for family graves outside the church upheld as PPT

A

Re Hooper

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7
Q

Masses said in private are not charitable

A

Gilmour v Coats

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8
Q

Saying of private masses upheld as PPT

A

Bourne v Keane

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9
Q

Trust for an individual animal may be upheld as a PPT

A
Pettingall v Pettingall
Re Dean (dubious on perpetuity grounds)
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10
Q

Money left for “some useful memorial to myself” - trust for an unspecified and unidentified memorial was too wide and uncertain

A

Re Endacott - lacks certainty of object (i.e. purpose)

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11
Q

Rule against inalienability

A

Prevents income from the property being tied up for a private purpose for longer than the perpetuity period

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12
Q

Charitable trusts are exempt from this aspect of the perpetuity rule

A

Re Hooper; Re King; Re Douglas

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13
Q

For private purpose trusts, perpetuity period depends on common law

A

Perpetuity period = lifetime of any relevant life in being plus 21 years

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14
Q

Trust for erection of the monument to be made as soon as practicable upheld, but trust to maintain monument void for perpetuity grounds

A

Mussett v Bingle

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15
Q

Trust “for so long as the law allows” automatically brings trust to an end at the expiry of the perpetuity period

A

Re Hooper

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16
Q

Animals cannot be used as lives in being

A

Re Kelly

17
Q

Courts have on occasion taken notice of a particular animals’s lifespan

A

Re Haines, but approach questioned in Re Kelly

18
Q

A willing trustee is required as, in the absence of ascertainable beneficiaries, there is not one to initiate proceedings against an unwilling trustee. If the trust is not used for the intended purpose, the beneficiary entitled to the property as part of the testator’s residuary estate can claim the property beneficially

A

Re Thompson

19
Q

Purpose trusts for identifiable individuals

A

Re Denley’s Trust Deeds (land to be held on trust for employees to use as sports ground; valid perpetuity period and gift over)

20
Q

Suggested that Re Denley is merely an ordinary discretionary trust for the employees as a class of beneficiaries

A

Re Grant’s Will Trusts

Re Horley Town Football Blus

21
Q

Re Denley has been applied to gifts to UAs

A

Re Lipinski’s Will Trusts

22
Q

Trust for maintaining and funding private roads on housing estate for benefit of estate members was upheld as valid Re Denley trust

A

Grender v Dresden