Trust Patrimony Flashcards

1
Q

Dual patrimony theory.

A

Trustee has:

  • private patrimony (totality of assets/liabilities)
  • trust patrimony (trust fund/obligations)
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2
Q

What is the duty of segragation?

A
  • trustee has a duty to keep private patrimony separate from trust
  • trust patrimony is subject to trust law
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3
Q

What is the effect of joint ownership?

A

Trustees own the trust patrimony jointly.

- each own personal patrimony wholly by trust patrimony jointly.

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4
Q

Liability of:

  • trust patrimony
  • private patrimony
A

Trust patrimony:

  • beneficiaries
  • trust creditors

Personal patrimony:

  • beneficiaries in breach of trust
  • private creditors
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5
Q

Glasgow City Councils v Managers.

A

Trust property immune from trustee’s personal debt.

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