Part A Q1

Question 1

Certainty, beneficiary, principle and capacity

Answer 1

Certainty of Subject Matter - clear what property is part of the trust
Certainty of Objects - be clear who the beneficiaries are
Certainty of Intention - clear what testator intends to create a trust

Question 2

IRC v broadway cottages trust [1955] ch 20

Answer 2

Complete list test - states discretionary trusts are only valid if possible to ascertain the identity of every beneficiary overrules in mcphail v doulton

Question 3

Morice v Bishop of Durham 1805 10 ves 522

Answer 3

Laid the beneficiary principle - stating a valid trust must be enforceable by definite objects

The purport5ed trust was not charitable and had no ascertainable beneficiaries

Question 4

Pettingall v Pettingall 1842 11 LJ ch 176

Answer 4

A trust for horse was upheld despite a lack of ascertainable human beneficiary

Question 5

Re Astor settlement trusts 1952 ch 534

Answer 5

Trust was void for lack of ascertainable beneficiaries. To avoid creation of anomalous purpose trust

Question 6

Shah v shah 2011 WTLR 519

Answer 6

Certainty of subject matter

Question 7

Formalities

Question 8

Banks v Goodfellow 1869-70 LR 5QB 549

Answer 8

Legal challenge to validity of will; person making will must understand nature of will

Comprehend the extent of the property

Be aware of the potential beneficiaries

Question 9

Barrett v Bem 2012 EWCA Civ 52

Answer 9

Left everything to sister - appointed her executor testator had not signed will, evidence of witness = not reliable.

All conditions in wills act must be satisfied

Question 10

Timpson’s Executors v Yerbury 1936 1 KB 645

Answer 10

The person entitled to an equitable interest may deal with that beneficial interest.

Equitable interest in hands of trustee can be disposed of in 4 ways;
1.assign to third party directly
2. Direct trustees to hold the property in trust for third party
3. Contract for valuable consideration
4. Declare as trustee for another interest

Question 11

Effective transfer of title

Question 12

Gillett v Holt 2001 CH 210

Answer 12

Gillett worked on holt’s farm, worked there instead of going college. Holt stated the farm would be left to Gillett claimant. Court found in favour claimant

Question 13

Mascall v Mascall 1984 49 P & CR 119

Answer 13

Claimant retired builder who purchased house for daughter but she declined. Son offered to buy house but dad wanted no money and gave house to son

Son asked for house to be transferred to his name this happened but during process father and son argued and son moved out. Father requested for this process to be stopped

Question 14

Re Fry 1946 ch 312

Answer 14

HM treasury consent was required before shares could be transferred

Question 15

T.Choithram International S.A v Pagarani 2001 1 WLR

Answer 15

Donor dying of cancer and executed a trust. Neglected to sign documents to transfer assets before passing
Assets were successfully transferred vested in trustee

Question 16

Woodard v Woodard 1995 3 ALL ER 980

Answer 16

Donatio Mortis Causa - gift made by donor only happens upon their death when conditions are emet