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Trusts > The 3 certainties > Flashcards

The 3 certainties Flashcards

1
Q

Paul v Constance

A

Account in husband’s name held in trust for both husband and partner. “It’s as much yours as mine”

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2
Q

“There can be no trust, over the exercise of which this Court will not assume control.”

A

Morice v Bishop of Durham

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3
Q

Exception to the principle in Morice v Bishop of Durham

A

Charities

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4
Q

What does the concept of administrative unworkability apply to

A

Certainty of objects for TRUSTS

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5
Q

What does the concept of capriciousness apply to

A

Certainty of objects for POWERS

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6
Q

What are the three certainties and which case listed them

A
  1. Words (intention)
  2. Subject matter
  3. Objects

Lord langdale, Knight v Knight

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7
Q

Use of the word trust does not neccessarily create a trust

A

Tito v Waddell (Ocean Island)

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8
Q

Express trust can be created by words and actions

A

Paul v Constance

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9
Q

Two examples of the courts having regard to the language of the whole instrument to see whether there was intent to create a trust (precatory words cases)

A

Adams and kensington Vestry: “full confidence” = no trust

Comisky: mandatory wording elsewhere implied trust intended

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10
Q

Example of a sham intetion case where settlor had no real intention to create a trust

A

Midland Bank v Wyatt

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11
Q

What is the result where a trust fails for lack of certainty of intention

A

Either it takes effect as a gift or not at all

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12
Q

Existing property must be clearly identifiable: “bulk of my residuary estate”

A

Palmer v Simmonds. Insufficiently clear

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13
Q

Existing property must be clearly identifiable: 2 houses to daughters, 1 could choose which she wanted, the other got what was left. The 1st daughter died before the testator, so there was no certainty as to the other daughter’s entitlement

A

Boyce v Boyce

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14
Q

An example of vague wording re subject matter being acceptable

A

“Reasonable income” created a valid trust in Re Golay’s

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15
Q

Case where 50 of 200 gold bars was invalid for uncertainty of subject matter

A

Goldcorp Exchange

TANGIBLE SUBJECT MATTER, MINOR DIFFERENCES

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16
Q

Case where 50 of 950 shares was certain subject matter

A

Hunter v Moss

INTANGIBLE

17
Q

What is the rule about certainty of subject matter for future property

A

It must be capable of being ascertained, not mere expectancy. So eg royalties of unwritten songs was uncertain: PRS v Theatre of varieties

18
Q

Which case says that the beneficiaries of a trust must be capable of being ascertained?

A

Morice v Bishop of Durham

19
Q

Which case says that every non-charitable trust must have a human beneficiary

A

Morice v Bishop of Durham

20
Q

Which judge explained the difference between evidential and conceptual uncertainty and in which case

A

Denning, Re Tuck

21
Q

Example of conceptual uncertainty

A

Jewish: Clayton v Ramsden

22
Q

Conceptual uncertainty rendered certain by an arbiter

A

The Chief Rabbi in Re Tuck

OBITER

23
Q

In what order should you address a certainties problem?

A
  1. Rule in Knight v Knight
  2. Intention (words v actions/ sham intention)
  3. Subject matter (existing, quantities, future)
  4. Objects (Fixed, discretionary, power, charity)
  5. Hurdles
  6. Result of failure
24
Q

“Full confidence” = No trust

A

Adams and Kensington Vestry

25
Q

Full confidence + mandatory wording = trust

A

Comiskey

26
Q

Definition of sham intention

A

Snook: acts done or documents executed are intended to give the appearance of creating legal rights which are different to what the parties actually intend to create

27
Q

Tests for certainty of objects for fixed; discretionary; powers; conditional gifts; charities and purposes

A

Broadway cottages

McPhail v Doulton

Gulbenkian

Re Barlow

Statute

Re Astors

28
Q

How can a really wide power be rendered certain

A

Re Manisty - with a certain, excluded class

29
Q

3 possible bars to validity

A

Administrative unworkability

Capriciousness

Excessive use of a fiduciary power

30
Q

Explain administrative unworkability

A

Nature of the trust is such that it cannot be reasonably carried out

West Yorks CC

Applies to TRUSTS

31
Q

Explain capriciousness

A

Negatives sensible consideration by the T of the exercise of their power

Re Manisty

Applies to POWERS

32
Q

What are the 3 duties of the holder of a fiduciary power

A
  1. Consider whether to exercise power
  2. survey the potential beneficiaries and weigh up their merits
  3. Don’t go beyond what you’re permitted to do

Re Hay’s

Trusts (9 decks)

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