Formalities Flashcards
(16 cards)
Milroy v Lord
3 methods of transferring ownership- outright gift, settlor makes himself a trustee and transfers to trustees for them to hold on trustee.
Paul v Constance
Oral words and acts can declare a trust if it is not land
Re Rose
Every effort test
Mascall v Mascall
Applied the every effort test
Pennington v Waine
Unconscionability
Curtis v Pullbrook
Must show detriment
Khan
Court looked at unconscionability over detriment
Grey
Must be in writing to be a valid disposition (s 53(1)(c)).
Vanderwell
No writing needed when a trust has ended due to a complete transfer of shares
Hudson v Hathway
Email sign off counts as a signiture
Saunders v Vaultier
If beneficiary has an indefeasible interest, is of sound mind and of legal age, can ask for income earlier than stated.
Bare Trust
Bank holds the share in it’s name for A but must do whatever A states to do with the shares.
S.52(1) LPA
All conveyances must be done so by deed
What is needed to transfer a share?
Delivery of share certficate plus signed stock transfer form
Thomas v Times Brook
Delivery was justified when told he could keep the poem if he found it
S.53(1)(b) LPA
land must be mainfested and proved by some writing signed by someone able to make such trust.
