3 Certainties

Question 1

Capacity to make a trust (intro)

Answer 1

Re beaney 1978

Question 2

Case that established 3 certainties

Answer 2

Knight v knight 1840

Question 3

4 requirements of an express trust

Answer 3

Capacity
3 certainties
Constitution
Formailties

Question 4

Intention is flexible no set formula

Answer 4

Paul v Constance 1977

Question 5

Cannot be predatory words as in this case where confidence was used on its own.

Answer 5

Adam’s v Kensington vestry 1884

Question 6

No precatory words as confidence was used with a provision for if the clause failed.

Answer 6

Comiskey v bowring handbury 1905

Question 7

There can be no ambiguity of subject matter

Answer 7

Re kolb’s will trust 1962

Question 8

Precatory words - reasonable income used, couldn’t define income too broad, but could define reasonable.

Answer 8

Re golay 1965

Question 9

Residuary estate - left to husband, “bulk” left to relatives. This wasn’t allowed. Absolute gift to husband.

Answer 9

Palmer v simmonds 1854

Question 10

All my estate to A for life, the remainder to B

Answer 10

Re last 1958

Question 11

Tangible asset - no sufficient certainty of subject matter.

Answer 11

Re London wine company 1986

Question 12

Intangible asset - didn’t matter which 50 of the 100 shares the man took. All the same.

Answer 12

Hunter v moss 1994

Question 13

Listing principle for fixed trust introduced.

Answer 13

Re Eden 1957

Question 14

Listing principle failed and rejected. Is it is not test implemented.

Answer 14

McPhail v doulton 1971

Question 15

Is it is not test introduced within McPhail case, under which other case?

Answer 15

Re baden No.1

Question 16

Difficulties interpreting the is or is not test in this case.

Answer 16

Re Baden No.2 1973

Question 17

What does it say in sprange v Barnard?

Answer 17

All that is remaining that he has no use for.