Property Law - Formalities and Constitution of Trusts Flashcards Preview

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Flashcards in Property Law - Formalities and Constitution of Trusts Deck (100):
1

Midland Bank v Rose is an example of what exception to Milroy v Lord?

S has done everything in her power to effect the transfer

2

When do a court not require signed writing?

When they feel Bs interests need protecting if they relief on receiving the property, sidestepping formalities

3

What does the Companies Act 2006 part 21 say?

shares in private companies need a signed share transfer form, a share certificate, payment of a stamp duty and then registration by the company registrar

4

What case showed that writing for inter vivid declarations needs to specify B, trust property and nature of the trust?

Smith v Matthews

5

What did H&M believe about the case of Strong v Baird, in regard to stepson's position as executor?

If he had been an administrator, the case would have been decided differently

6

Why was the transfer incomplete in Milroy v Lord?

No new entry in the register of shareholders

7

Corin v Patton judgment

Sister needed certificate from bank to transfer land to brother, but she died; Re Rose did not apply because only she could get the certificate

8

What section of what statute states you need registration to transfer legal title of registered land?

LRA 2002 s.29 and 30

9

LPA 1925 s.53(2)

S.53(1) does not apply to CTs or RTs - B may acquire interest through Rochefoucauld v Boustead

10

Midland Bank v Rose judgment

Adopted Milroy v Lord speech that 'S must have done everything which... was necessary' as not requiring transfer to have actually happened

11

Baird v Baird judgment

Property needs to belong to T in his lifetime; declaration can always be revoked during his lifetime

12

Richards v Delbridge judgment

Intent to make an absolute gift, but failing transfer requirements does not suffice for court to find a trust

13

Strong v Baird general

Stepmother loan

14

What case showed the CoA in British Virgin Islands rejecting Re James extension of Strong v Baird?

Re Pagarani

15

Mascall v Mascall general

Legal title to son, then fell out

16

What absurdity did the court highlight in Strong v Baird?

Making stepson sue himself for the debt as the executor

17

What is the basic rule for incompletely constituted trusts, and what case does it come from?

Milroy v Lord: courts will not reinterpret an attempt to transfer legal title to X as being a declaration of trust by S for the benefit of X

18

What section of what statute states you need a deed to transfer legal title of registered land?

LPA 1925 s.52

19

Rose v IRC is an example of what exception to Milroy v Lord?

S has done everything in her power to effect the transfer

20

Re James GENERAL

Son to housekeeper; administrator

21

Pennington v Waine general

Company shares, nephew transfer and director

22

What does Wills Act 1837 s.9 cover for formalities?

Testamentary declarations

23

Re Stewart judgment

Wife was made executor, intention continued up until death so perfected the imperfect gift

24

Pennington v Waine facts

Auditor of company told the nephew that S had done everything she needed to, but auditor hadn't - needed to change name on the register

25

What case made it clear that a transfer under Strong v Baird is not a bar to a claim on the property by creditors of the testatrix?

Bone v Stamp Duties Commissioner

26

Corin v Patton general

Australian case - sister certificate

27

In what two ways do the courts sidestep Milroy v Lord?

If they believe S did actually intend to make himself a trustee, and when the court believe there is a specific reason to impose a trust

28

What are the formalities for an inter vivos declaration of trusts of land?

LPA 1925 s.53(1)(b) - signed writing 'by some person who is able to declare such trust'

29

What case was approved in Rose v IRC?

Midland Bank v Rose

30

How did Pennington v Waine leave the law uncertain on the issue of unconscionability?

Allowed a beneficial interest to arise 'whenever it would be unconscionable, in the eyes of equity' for S to change her mind and not proceed

31

Give at least two examples of courts sidestepping Milroy v Lord by believing S did actually intend to make himself a T

Paul v Constance; Choithram v Pagarni; Re Ralli's WT; Richards v Delbridge

32

What did Re Stewart say about the transfer to executors upon death of the testatrix?

It is automatic

33

What did Lord Browne-Wilkinson in Westdeutsche v Islington LBC consider misleading in Misland Bank v Rose?

The idea that there is a separate legal and equitable title before separation of the two

34

what case suggested Pennington v Waine was merely an application of PE, and courts do not take a broad interpretation of it?

Curtis v Pulbrook

35

Who in Rose v IRC said that as long as the doc was apt and proper, Milroy does not apply pending completion by a third party?

Master of the Rolls

36

Rose v IRC judgment

Owner from moment the documents were sent to the registrar

37

What duty does a mere power not include, unlike a fiduciary power?

Duty to distribute

38

what two inter vivos declarations of trusts of land formalities are covered by LPA 1925 s.53(1)(b)?

Declarations of trust relating to land and disposition of an equitable interest/trust

39

Choithram v Pagarni general

Cancer, charitable foundation

40

Re Ralli's WT judgment

Intention to set up trust by way of transfer does not preclude a self-declaration of trust pending the transfer

41

Bone v Stamp Duties Commissioner

No bar to a claim on the property by creditors of the testatirix

42

What case suggested contrary expressions of a gift prior to death may be ignored if the intent to gift is confirmed in the will?

Re Stoneham

43

What case gives the requirements for a gift under the rule in Strong v Baird?

Re Innes

44

Strong v Baird judgment

Naming stepson executor was taken to show an intention to release him from the debt permanently

45

What does LPA 1925 s.53(1)(b) cover for formalities?

Inter vivos declarations of trusts of land

46

Re Stoneham judgment

Contrary expressions prior to death may be ignored if intent is confirmed in the will

47

Pennington v Waine judgment

Found the transfer to be valid

48

what part of what act covers inter vivos dispositions of subsisting equitable interests?

LPA 1925 s.53(1)(c)

49

Re James judgment

Extended Strong to when the debtor becomes the administrator of the creditor's estate

50

Mascall v Mascall judgment

No longer possible to revoke the transfer, despite the fact that the transfer still needed registration and stamping, because the son had a POWER to acquire the property

51

What case made it clear that failure of transfer requirements does not suffice for court to find a trust?

Richards v Delbridge

52

What is donations mortis causa?

When S is contemplating imminent death, there is no need for formalities to transfer title. Kept within very strict bounds.

53

what did Jessel MR in Strong v Baird say was insufficient?

'I forgive this debt'

54

The Wills Act 1987 s.9 affects all what kinds of title?

Legal and equitable title

55

What formalities are needed for bills of exchange?

Endorsement and a copyright by writing

56

Richards v Delbridge general

Intent to make an absolute gift

57

What case relied on the fact that the son had a POWER to acquire the property, and thus Milroy v Lord did not apply?

Mascall v Mascall

58

H&M on Pennington v Waine

Judges have a 'strong disposition to give effect to (D's intention) to the fullest extent', but frustration of D's intent alone should be insufficient as formalities are important.

59

What formalities are needed for testamentary trusts?

Property to executors to pay all debts, and then equitable obligation to distribute according to the will, or intestacy

60

What are the formalities for transfer of legal title to chattel?

By delivery or by deed of gift

61

Choithram v Pagarni facts

Gave certain property to charitable foundation, had cancer - impossible because charitable foundations lack legal personality

62

Chopra v Bindra general

benefit to estate if trust void

63

Who, on the topic of unconscionability, suggested judges have a 'strong disposition to give effect to (D's intention) to the fullest extent', but frustration of D's intent alone should be insufficient as formalities are important?

Hayton and Mitchell

64

Who said that it is misleading to think of D as having a separate legal and equitable title 'unless and until there is a separation'?

Lord Browne-Wilkinson in Westdeutsche v Islington LBC

65

What are two criticisms of Midland Bank v Rose?

See equity bypassing transfer rules and contradicting common law; misleading to think of D as having a separate legal and equitable title 'unless and until there is a separation'

66

Under what statute and what section can you find formalities for transfer of legal title to registered land?

Deed (LPA 1925 s.52) and registration (LRA 2002 s.29 and 30)

67

What section of what statute give the formalities for an inter vivos declaration of trusts of land?

LPA 1925 section 53(1)(b)

68

What did the Master of the Rolls say in Rose v IRC?

As long as the doc was apt and proper, Milroy does not apply pending completion by a third party

69

What part of what Act gives the relevant formalities for inter vivos transfers of legal title to shares in private companies?

Companies Act 2006 part 21

70

Curtis v Pulbrook

Pennington was an application of PE - courts do not take a broad interpretation of it

71

Re Pagarani judgment

CoA in British Virgin Island rejected Re James extension of Strong v Baird

72

What case stated that as long as the doc is apt and proper, Milroy does not apply pending completion by a third party?

Rose v IRC

73

Re Stewart general

Imperfect gift to wife

74

Baird v Baird general

Belong to T in lifetime for trust

75

Smith v Matthews judgment

Writing for inter vivos declarations need to specify B, the trust property and the nature of the trust

76

What is the name of the action which courts use to sidestep formalities for transfer - equitable action?

Proprietary estoppel

77

What did the court highlight did not affect the validity of the trust in Choithram v Pagan?

Failure of T (S) to convey legal title to all Ts did not affect validity of the trust

78

What judge in what case criticised the decision in Re James?

Justice Walton in Re Gonin

79

What section of what statute gives that a will needs to be signed and attested or it is void?

Wills Act 1837, section 9

80

What analogy was drawn in Strong v Baird?

Between a gift of £X and release of a debt in a will

81

Rose v IRC general

Shares to transfer to wife - registrar cross out name

82

Forster v Hale on formalities for inter vivos declarations

Writing can be in linked documents

83

Strong v Baird facts

Intention to release stepson from debt up until death. Temporarily reduced payments to stepson, but then returned to normal. Named stepson executor in will.

84

Why is the judgment of Pennington v Waine difficult?

Creates issue with Re Rose as A is S's agent, and he had not done everything within his power

85

Re Innes judgment

Gift under Strong v Baird needs to be immediate, relating to specific property and with a 'present intention of giving'

86

Name the five specific reasons that courts allow exceptions to Milroy v Lord

S has done everything in her power to effect the transfer; rule in Strong v Baid; donationes mortis cause; proprietary estoppel; and unconscionability

87

Smith v Matthews general

Specify

88

What case gives that an individual can acquire an interest without formalities in a RT or CT?

Rochefoucauld v Boustead

89

Re Pagarani general

British Virgin Islands

90

Choithram v Pagarni judgment

Interpreted as property on trust to Ts for charitable purposes - he was one T, and failure to convey legal title to all Ts did not affect validity of the trust

91

How could you argue Pennington v Waine to make it unproblematic?

Unconscionability of denying the transfer on the nephew

92

Whose speech did Midland Bank v Rose adopt?

Turner LJ in Milroy v Lord

93

What case interpreted an intent to give property to a charitable foundation as property on trust to Ts for charitable purposes?

Choithram v Pagarni

94

What transfer needs an endorsement and copyright by writing?

Bills of exchange

95

What case left the law uncertain on when it would be unconscionable for S to change her mind and not proceed with a transfer/gift?

Pennington v Waine

96

What formalities are needed when trust property is an equitable interest under another trust?

Writing

97

In what case did the court refuse to apply Re Rose because the sister had not done all that was in her power to effect the transfer?

Corin v Patton

98

Chopra v Bindra judgment

If void, benefit goes to estate of T, giving a reason for someone taking a share of T's estate to frame the disposition as testamentary

99

What does signed writing ensure?

Evidential certainty and S actually did want to create a trust by requiring elaborate declaration

100

What are the formalities for the transfer of legal title to registered land?

Deed and registration

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