Foundations Flashcards
Mussoorie Bank v Raynor
Uncertainty of intention AND uncertainty of subject-matter. Illustrates that they can be intertwined.
Formalities to create a will
Wills Act 1837, S9
Rule in Saunders v Vautier
A beneficiary of full age and sound mind and entitled to an equitable interest can require the trustees to transfer the trust property to her and thus terminate the trust.
Berry v Green
The rule in Saunders and Vautier only applies if all Bs are sui juris and consent.
What was the rule pre April 2010 regarding perpetuities
Life + 21 OR 80 years
What is the current perpetuity period and where is it found?
125 years, s5(1) Perpetuities and Accumulations Act 2009
What is the effect of the perpetuities rule
Anyone intended to have an interest under a trust must have benefited within the perpetuity period.
Which Act abolished the rule against excessive accumulations?
s13 Perpetuities and Accumulations Act 2009
How long may a charity accumulate for and what act says so
21 years - Perpetuities and Accumulations Act 2009
What is the perpetuity period for non-charitable purpose trusts?
21 years
Case which states that a charity’s interest must vest/ within the perpetuity period
Lord Stratheden & Campbell
Case which says a gift over from 1 charity to another can happen at any time
Christs Hospital v Grainger
Statute which says that a gift over from 1 charity to another can happen at any time
Perpetuities and Accumulations Act 2009, S2
