Pre Seen Flashcards
(26 cards)
Knight v Knight
Lord Langdale
The certainties
Re snowden
Dehors the will theory
Ottoway v Norman
Fully secret trust of land valid even though not in writing
Basic test:
- intention (legal obligation re snowden)
- communication
- acceptance
Wallgrave v tebbs
No certainty if not communicated before death
Re boyes
Legacy to solicitor, letter later found
Resulting trust to the next of kin
Re youg
Chauffeur witness, still entitled
Re Diggles
Not merely a wish
Re Dean
Trust for maintenance of animals
Pettingual v pettingual
Residual legatees watch for failure, resulting trust
R v District Auditor, ex p West Yorkshire
Sufficiently certain but too big to manage
Re Gardam
Limited means created certainty
Aberdeen Railway v Blaikie Bros
Can’t enter engagement he may have personal interest in which may conflict with duty to other beneficiaries
Nestle v National Westminster Bank plc
Duty to act for all beneficiaries, maintain fair balance between them
Pitt v Holt
Lord walker
Good faith, responsibly, reasonably
Re Ridsel
Court administration of trust expensive
Re Ministry’s Settlement
If no link/connection not enforced
Hunter v Moss
Subject matter defined, identifiable and proportion of each beneficiary’s interest clear
White and Others v Williams and Others
Similar charitable purpose
Kings v Bultitude
Advancement of their purposes, general charitable intent
Re fingers will trust
General charitable intention despite institution ceasing to exist
McGovern v Attorney General
Political purposes if advocating changes in law/policy
Bowman v Secular Society Ltd
Charities cannot pursue political objectives
MacPhail v Doulton
Class test
Re Hardwood
Easier to find charitable intention if never existed
