What is the requirement for property rights per Lord Wilberforce in National Provincial Bank v Ainsworth?
Definable, identifiable by 3rd parties, capable in its nature of assumption by 3rd parties and some degree of permanence/stability
Re Andrew's Trust general
Clergyman 7 children education, all done
Who gave the requirements of property rights?
Lord Wilberforce in National Provincial Bank v Ainsworth
Why is the primary/secondary trust framework in Quistclose problematic?
Primary appears to be a private purpose trust
In Re Price general
Gift to Lodge Society
What suggests that the rule in Saunders is not a vital component of the trust?
Other jurisdictions do just fine without it
Barclays Bank v Quistclose general
Loan to pay shareholder dividends
What are the two possible interpretations of Re Denley's?
Supports human beneficiary principe; supports the enforcer principle
What case gave that the four cases of trusts of imperfect obligation should not be extended?
Petingall v Petingall
Allow trusts for maintenance of animals under trusts of imperfect obligation
In what case did the court find that a legatee in default of application for a purpose could complain if the gift is not so applied?
What are the four cases of trusts of imperfect obligation?
Trusts for maintenance of certain animals, for the erection/maintenance of graves/monuments, for the saying of masses in private and for the promotion and furtherance of fox-hunting
What does Matthews conclude from the fact that a right-holder can complain without an interest in NCPs?
Turns the trust into a contract
What are two arguments for the enforcer principle?
Charitable trusts already conform to it and other jurisdictions allow them, which English courts have to apply under the Recognition of Trusts Act 1987
What does matthews put the exception of charitable trusts down to?
Historical circumstance - exception for public benefit and therefore, in a way, a matter of public law
What 4 reasons does Matthews give for why Saunders actually matters?
Illustrates B principle and executive decision-making; reflects the need for trusts for PERSONS; supports certainty of objects, and; ensure property is, in theory, always marketable
Twinsectra v Yardley general
Money to buy property
Although Saunders still applies when there is more than one beneficiary, what becomes difficult?
Achieving consensus on winding up trust
Which case attempts to explain the judgment in Quistclose in a way that avoids any private purpose trust?
Twinsectra v Yardley
How can the decision in Re Abbott be explained?
Donors were beneficiaries under RT, giving a power for maintenance
What judge in Twinsectra attempted to explain the decision in Quistclose?
What is the 'right-duty' relationship according to Matthews?
Duties are annexed to the property but owed to B
What case Allow trusts for erection/maintenance of graves/monuments?
Who was entitled to the property in Re Osoba and why?
Daughter absolutely entitled because mother and widow had died
In Re Price judgment
Gift needed to be absolute gift for individuals - not an endowment if society is perpetual because class is unascertainable and imposes trust on members
S.19 and 20 TOLATA
B can force T to retire and replace him
When would English trust law require a fundamental shift under the enforcer principle?
If the base of trust law relies on the absolute rights of B, as the enforcer principle does not require a duty to be owed to any B
What two overarching issues need to be considered when asking if we should permit an enforcer principle?
policy matters and conceptual nature of the principle
What do executors under a trust of imperfect obligation have?
A power to use the money for the particular purpose
Why is Matthews concerned about the future of the B principle?
Current Chancery members of CoA and HoL are nearly last generation of full-time equity practitioners
What duty does Matthews find to be key to the trust?
What is the policy issue with allowing an enforcer principle?
It would be a way for England to compete with other jurisdictions, but would need to be balanced against the possibility of inalienability
What academics disagree with Hayton's analysis of Re Denley's?
Hayton and Mitchell
When does Matthews believe English law will tolerate an NCP
When the property remains alienable - if it becomes inalienable, and the document exceeds the perpetuity period, there can be no NCP
What is the rule against remoteness of vesting at common law?
Vest in no more than 21 years from the death of an expressly or impliedly relevant life in being at time of creation
In Re Ogden judgment
Gift to voluntary association needs to be a gift to the individual members, even if for general purposes, unless purpose is charitable
Saunders v Vautier judgment
Equitable ownership seen as having the right to demand the trust be wound up and title transferred, and seen as being a vital component of the trust
B has no right to control T in the exercise of any discretion conferred upon him
Re Osoba judgment
Individuals need to get something valuable for performance
What are two interpretations of the 'wait and see' rule on Re Denley-type trusts?
Either trust is valid to the extent that T uses his powers of appointment within the period, and at the end property goes on RT to S; or like other 'permitted purpose trusts', subject to inalienability, not remoteness
What interpretation of the 'wait and see' rule in Re Denley-type trusts do Hayton and Mitchell take?
Trust is valid to the extent that T uses his powers of appointment within the period, and at the end property goes on RT to S
What is the FACTUAL difficult with absolute gifts with a motive?
Unlikely donor intended an absolute gift
What case shows that S cannot oust Saunders, even expressly?
Stokes v Cheek
Re Denley's facts
Sports ground put on trust for the purpose of its maintenance, and use by employees.
In Re Ogden general
Gift to voluntary association
Leahy v AG for NSW general
Nuns of Catholic Church
What test, instead of remoteness, is used in the case of the few permitted purpose trusts?
Why is remoteness inappropriate as a test for validity of purpose trusts?
Interests cannot vest in purposes and they could last forever
What are three limitations on Saunders?
Does not apply to contingent interests, possible for beneficiaries under a contractual trust to contract out of their Saunders rights and B has no right to control T in the exercise of any discretion conferred upon him
Re Bowes judgment
Trust for benefit of human beneficiaries with the motive to plant trees
What is the conceptual nature of allowing an enforcer principle in English law?
More public law - property does not need to be held on a duty owed to a beneficiary, and if the base of trust law relis on the absolute rights of B, this would require a fundamental shift in the conceptual nature of the law
What Act means that English courts have to apply private purpose trusts from other jurisdictions?
Recognition of Trusts Act 1987
What argument of Hayton's does Matthews find 'revolutionary'?
That an S can confer additional enforcement rights on non-beneficiaries
Legatee in default of application for purpose could complain if gift not applied
Who gave the primary/secondary trust framework in Quistclose?
Section 7 Perpetuities and Accumulations Act 2009
Statutory 'wait and see' rule for remoteness of vesting
Re Andrew's Trust judgment
Surplus funds went to the children equally; education was the motive
What does Hayton find to be at the core of a trust?
Accountability to SOMEONE, not B
What was the motive found in Re Andrew's Trust?
What does Matthews disagree with Hayton on?
S should be able to confer additional enforcement rights on non-beneficiaries because such a claim lacks support in authority
Morice v Bishop of Durham judgment
Too broad for charitable purpose, so abstract private purpose - members may be numerous and large estate, so unlikely S intended all members to be Bs
Twinsectra v Yardley judgment
No primary/secondary trust framework. Trust subject to exercise of a power that creditor has given borrower to apply the property to the given purpose - the exercise of this power diffuses the creditor's interest
Re Endacott general
Do not extend cases of trusts of imperfect obligation, and trusts for saying of masses in private forms one exception
What two subcategories can one find in the exception of apparent purpose trusts benefitting particular people?
Re Denley's and absolute gifts with a motive
What Act gives a statutory 'wait and see' rule for remoteness of vesting?
Perpetuities and Accumulations Act 2009, section 7
Stephenson v Barclays Bank
Saunders may not allow one beneficiary of a fixed trust to claim his share if it involves selling the property
Who said that there is an 'irreducible core of obligations owed by the trustees to the beneficiaries and enforceable by them which is fundamental to the concept of a trust'?
Millett LJ in Armitage v Nurse
What did Mr Justice Goff require there to be in Re Denley's before he would accept locus stand?
Purpose had to be sufficiently direct and tangible for it be meaningful to say individuals had locus standi
How can Bs produce an ad hoc variation of the trustees obligations to them?
Be in agreement and sui juris, consenting to T doing something in breach of his duty
Re Abbott judgment
Surplus when both women died went on RT to the donors
Re Denley's Trust Deed general
What did the full-scale study of NCPs by Baxendale-Walker show?
NCPs are desirable and English trust law has no B principle
How does Matthews criticise the study by Baxendale-Walker?
'Unreal', with no case support
What did Mr Justice Goff reject in regard to any dispute between the beneficiaries?
That this would make the trust invalid - such disputes arise in other trust contexts as well
Why does Hayton not think there is a question of administrative unworkability in the case of the enforcer principle?
Because the trust is not to benefit specific members but to carry out ascertained purposes within parameters
In what three cases does Matthews believe a promise may be enforceable by an enforcer?
Under the 1999 Act, where there is consideration or on orthodox contractual grounds
Why is it arguable that trusts of imperfect obligation aren't exceptions to the B principle at all?
Ts only have a POWER, not a duty
In what two cases of absolute gifts with a motive did the court make it explicit that Saunders applies?
Re Bowes and Re Osoba
Allow trusts for erection/maintenance of graves/monuments
What does Matthews draw analogy with to show that an enforcer principle is conceptually allowed in English law?
Contract law pre-1999 shows that the critical thing is whether S intended to confer rights on T; if A agrees B will confer a benefit on C, and C has no right to enforce it, despite benefitting
Section 8 Perpetuities and Accumulations Act 2009
Excludes future/potential members who might make the trust void for remoteness
Re Osoba general
Maintenance of mother, widow and daughter education
How does Matthews criticise Walker's definition in their full-scale study in particular?
Included cases where orthodox opinion would say there was a beneficiary
Re Bowes general
Morice v Bishop of Durham general'
'Objects of benevolence and liberality'
Which case does Matthews believe doesn't support the enforcer principle under trusts of imperfect obligation?
Why is the decision in Re Abbott inconsistent with the human beneficiaries principle?
If the principle applied, the money would have gone back to women's heirs
In what contexts are DTs not proprietary?
When B has a mere hope of receiving a future interest
When do the few permitted purpose trusts become void?
If it is unclear if someone will become absolutely entitled by the end of the common law period
What happens if an executor under a trust of imperfect obligation does not exercise the power?
Property can be claimed by whoever would have had the benefit of the RT had the disposition failed
How does Matthews explain the case of Re Thompson?
Mere personal obligation once judge exacted an undertaking from T to apply the sums for the purpose - not support for enforcer principle
Who said that the trust needs to be 'for the benefit of a class of individuals, the specified manner of their enjoyment... being secondary'?
Why did In Re Price not allow an endowment if the society is perpetual?
Because class is unascertainable and imposes trust on members
Stokes v Cheek
S cannot oust Saunders even expressly
Who said that 'there is at best a cautious future for the NCP trust'?
What case Allow trusts for maintenance of animals under trusts of imperfect obligation?
Petingall v Petingall
Leahy v AG for NSW judgment
Religious groups are usually charitable trusts, but not when they refer to cloistered monks/nuns as can't prove action is for benefit of public
What do Bs have to do in order to consent to T doing something in breach of his duty?
Be in agreement and sui juris
Who gives 4 reasons why Saunders actually matters?
What two distinct points does Matthews make about NCPs?
They resemble a 3rd party contract claim and result in a beneficial property vacuum
What are the 'exceptions' to the beneficiary principle?
Trusts of imperfect obligation, apparent purpose trusts benefitting particular people and Quistclose trusts
Which case under absolute gifts with a motive is inconsistent with the human beneficiaries principle?
What is the basic rule on the beneficiary principle, and from who does it come?
Millett LJ in Armitage v Nurse; 'irreducible core of obligations owed by the trustees to the beneficiaries and enforceable by them which is fundamental to the concept of a trust'
If there is a fixed trust, does Saunders still apply? When does it not?
Yes - maybe not if it involves selling the property: Stephenson v Barclays Bank
Re Abbott general
Two deaf and mute women
Saunders v Vautier general
Stock, age of 25
Who essentially reformulates NCPs as contractual obligations?
What study found NCPs are desirable and determined no B principle?
Re Dean general
Maintenance of horses and hounds for next 50 years
What academic believes Re Denley's supports an enforcer principle?
What case made it clear B has no right to control T in the exercise of any discretion conferred upon him
what case stated that a gift to a voluntary association needs to be a gift to the individual members unless purpose is charitable?
In Re Ogden
What is the difference between English and Scots law on property rights?
In Scots law, B only has a right in personal against T, equal to a creditor
What section of what Act gives that beneficiaries can force T to retire and then replace him?
S.19 and 20 TOLATA
Why do Hayton and Mitchell not believe Re Denley's supports enforcer principle?
Duties of T could only be enforced by parties who BENEFITTED.
Through what specific method does Matthews believe the same result as in an NCP can be reached?
Why are absolute gifts with a motive also not a true exception to B principle?
Clear beneficiary and no duty on T, but there is a factual difficult in that D probably didn't intend absolute gift
Who says that NCPs are useful, but that the same result can be achieved other ways, e.g. C(RoTP)A?
Barclays Bank v Quistclose judgment
Primary trust to pay dividends and then secondary, resulting trust back to the creditor once the primary can no longer be carried out.
In what context are DTs proprietary
By virtue of a Saunders power
Why did Morice state charitable purpose trusts are different?
Attorney General can enforce them