Trusts Law Flashcards

1
Q

What are express trusts?

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2
Q

What are implied trusts?

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3
Q

What are the three certainties of intention?

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4
Q

What are the formalities required to create express inter vivos trusts?

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5
Q

What is the constitution of express inter vivos trusts?

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6
Q

What are the exceptions to the rule that equity will not assist a volunteer?

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7
Q

What is the beneficial entitlement in relation to fixed interests?

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8
Q

What is the beneficial entitlement in relation to discretionary interests?

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9
Q

What is the beneficial entitlement in relation to vested interests?

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10
Q

What is the beneficial entitlement in relation to contingent interests?

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11
Q

What is the rule in Saunders v Vautier?

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12
Q

What is the distinction between charitable trusts and non-charitable purpose trusts?

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13
Q

What are resulting trusts?, and how do they arise?

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14
Q

When are resulting trusts presumed?, and when are they not?

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14
Q

How is a common intention constructive trust established?

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15
Q

What are the requirements to establish proprietary estoppel?

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16
Q

How is recipient liability established?

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17
Q

How is accessory liability established?

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18
Q

When is there a duty not to profit from fiduciary position?

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19
Q

What are the rules surrounding a trustees duty not to purchase trust property?

A
20
Q

What are the rules surrounding fiduciaries and their duty not to put themselves in a position where there is a conflict?

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21
Q

Who can be a trustee?

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22
Q

What are the rules surrounding the appointment of a trustee?

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23
Q

What are the rules surrounding the removal of a trustee?

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24
Q

What are the rules surrounding the retirement of a trustee?

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25
Q

What is a trustees duty of care?

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26
Q

What is a trustees duty to invest?, and what are their powers in relation to investment?

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27
Q

What are the statutory powers of maintenance and advancement for trustees?

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28
Q

What are examples of a breach of trust?

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29
Q

When are trustees liable for breach of trust?

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30
Q

What is protection offered for trustees regarding breach?

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31
Q

What is the limitation period in relation to breach of trust?

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32
Q

What is meant by availability of tracing in equity as a remedy?

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32
Q

What is the nature of equitable remedies in relation to trusts?

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