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Flashcards in Property Law - Three Certainties Deck (139):
1

What did the HoL say of the test to apply in Re Gulbenkian's ST?

Conditional gift test is insufficient - not enough to show any one person is within the class.

2

Why did the statute have to be read in light of the Directive in Pearson v Lehman Brothers?

To achieve high level of protection for client money

3

What did the court find in Re Goldcorp Exchange did not amount to a declaration of trust?

A collateral promise by the company to allocate specific bullion

4

Bisra v Kebede on certainty of intention

If T refuses to act as a trustee, either by S transferring or through a will, a trust will still not fail for want of a trustee - new trustee will be found

5

How can we distinguish Re Tuck's Settlement from Re Coxen?

Understood question, Rabbi just expressed definitive opinion, and expert was replaceable

6

What part of LJ Briggs' argument at first instance did the SC reject in Pearson?

That only the segregated money could be distributed to THOSE clients

7

Re Coxen judgment

Either something is conceptually certain or uncertain - appointing someone to resolve uncertainty does not rescue the trust

8

what case found that 'bulk of my residuary estate' was too uncertain for subject-matter?

Palmer v Simmonds

9

Who rejected that a fiduciary powers will be invalid if it is 'administratively unworkable'?

Megarry VC in Re Hay's Settlement Trusts

10

SoGA (Amendment) Act 1995, s.1(3)

Trust of proportional percentage of bulk property, held on trust by seller for buyer on receipt of the money

11

What judge refused to lay down guidance on the definition of dependents because it is so fact specific guidance would be hopeless in Re Baden (No.2)?

Sachs LJ

12

Pearson v Lehman Brothers

Argument of proportion

13

What does Wilberforce essentially collapse S's intention into in McPhail v Doulton?

An exercise in definition

14

Why does Guest not believe we should rely on relation cases to allow discretion of courts in Re Baden (No.1)?

Some pointer given to T in all these 'special cases', and they were pre-Morice v Bishop where the principle of equality was firmly established

15

What case did the CoA accept in Broadway Cottages?

Morice v Bishop of Durham

16

In what case did the courts state 'reasonable income' was sufficient for certainty of subject matter because courts are used to objective assessments of reasonableness?

Re Golay's Will Trust

17

What class of beneficiaries was found to be valid in Re Manisty's Settlement?

Trust for all the world, as everyone is prima facie a member

18

Azam v Iqbal

Pakistani Community

19

In what case did the HoL reject Denning's CoA argument that more relaxed test applying to conditional gifts also applied to bare powers?

Re Gulbenkian's Settlement Trusts

20

How did P partially enact the judgement in Pearson v Lehman Brothers?

SoGA (Amendment) Act 1995, s.1(3) - proportional percentage on trust for buyer by seller on receipt of money

21

Why is it arguable LJ Dylan's analogy with testamentary declarations is not valid?

Executors never own the property - take it subject to will directions, and thus S would have to identify particular property or Richards v Delbridge SHOULD apply

22

Re Golay's Will Trust

'reasonable income'

23

How can Re Tuck's and Re Coxen be reconciled?

Appointment doesn't necessarily make agreement certain; courts can still challenge and review any decision of appointed party if considered the wrong question/did not really apply their minds, or decision SO unreasonable no reasonable person could have made it

24

Who argued in Lehman Brothers that the decision in MacJordan v Brookmount was wrong?

Lord Dyson

25

Who gave the argument of proportions of shares in Pearson v Lehman Brothers?

LJ Briggs

26

What test does Megaw LJ adopt in Re Baden (No.2) to define relatives in certainty of object?

Substantial number of people

27

What test does Sachs LJ adopt in Re Baden (No.2) to define relatives?

Descent of common ancestry

28

What test does Stamp LJ adopt in Re Baden (No.2) to define relatives?

Blood relatives

29

Re Lewis's of Leicester Ltd

Concessions

30

How is the survey of the range of objects different under a DT compared to a FP?

Wider and more comprehensive

31

What was often repeated in Paul v Constance?

'The money is as much yours as mine'

32

McPhail v Doulton - why was the test from Broadway Cottages found to be inapplicable in particular?

Huge class of potential beneficiaries, so complete list would have undermined S's intention

33

In what case did the court decide that lack of segregation was inconsistent with terms of a trust?

Azam v Iqbal

34

What case enforced the fact that a trust is not valid UNLESS the court can control and administer it?

Morice v Bishop of Durham

35

What three ways did Wilberforce highlight a trust may still fail in McPhail v Doulton

Evidential uncertainty, conceptual uncertainty and administrative unworkability

36

What are we asking when we look for certainty of intention?

Is T supposed to be under a duty at all?

37

Bisra v Kebede

New trustee

38

What case made it clear a fiduciary power is not invalid for administrative unworkability, unlike a DT?

Re Hay's Settlement Trusts

39

What section of what Act enforced that the testamentary transfer to a spouse is absolute regardless of a statement of the property going to children after spouse's death?

Section 22 Administration of Justice Act 1982

40

What case found that a lack of segregation meant no trust, despite the fact T was supposed to use a separate bank account, but never did?

MacJordan Construction v Brookmount

41

What requirement did Megaw LJ impose to ensure not all classes are valid, even when there are very few within it?

Requirement that a 'substantial' core of objects remained

42

Which case showed that appointment cannot save a settlement from conceptual uncertainty?

Re Coxen

43

In discharging the three duties attached to a fiduciary power, what does T need to bear in mind?

S's expressed objective intention

44

Re Adams and Kensington Vestry found what to NOT impose a legally binding duty on T?

'Full confidence that she will do what is right'

45

Why do Hayton and Mitchell believe the administrative unworkability point of Wilberforce in Re Baden is of little practical importance?

Because of the non-capricious requirement

46

What does Wilberforce believe the case of Richardson v Chapman shows?

Court executing a DT according to the perceived intention of S in a suitable case

47

What case found that 'full confidence that she will do what is right' DID NOT impose a trust on T?

Re Adams and Kensington Vestry

48

What test did Wilberforce adopt in Morice?

In Re Gulbenkian's Settlement - given postulant

49

What judge in Pearson stated that neither segregation nor declaration of trust is sufficient on its own?

Lord Hope (dissenting opinion)

50

What case found that 'reasonable income' satisfied certainty of subject-matter?

Re Golay's Will Trust

51

Re Coxen

Conceptually certain/uncertain

52

Why, could it be suggested, that the dissenting judges made the decision they did?

'Older' law lords, Practice Statement of 1966 allowing HoL to overturn previous authority was relatively new

53

Richards v Delbridge on certainty of intention

Imperfect gift did not create a trust instead

54

What case found 'friends' was certain for objects?

Re Barlow

55

What judge in particular enforced the given postulant test in Re Baden's Deed Trusts?

Lord Wilberforce

56

What judge in Re Baden's Trusts (No.2) was more faithful to the SPECIFIC language of Wilberforce in No.1?

Stamp LJ

57

What was the underlying policy of Wilberforce in No.1?

Give S flexibility to set up a DT with a potentially very wide class of objects

58

What did LJ Briggs say in Pearson v Lehman Brothers?

Drew analogy with common intention CT of family home, showing desire to give effect if possible to desire - create trust of 100% of shares, with relevant proportion to benefit B and rest to S

59

Byrnes v Kendle judgment

S cannot argue a signature determining a trust was not intended for his wife due to objective test

60

What American authority does Wilberforce refer to in order to support his given postulant test in Re Baden?

Second Restatement of Trusts in s.122

61

Why do Hayton and Mitchell believe the different approaches in Re Baden's Trusts have not left the law in a practically unsatisfactory state?

Because confirmed 'relatives' and 'dependents' are sufficiently certain, and thus well-advised S's have had few issues

62

Re Tuck's Settlement

Chief Rabbi

63

What cases does Guest accept show courts exercising discretion?

Relation cases

64

What case said that precatory words expressing a hope/desire are insufficient for certainty of intention?

Re Adams

65

What was interesting about Lord Hope's dissent in Pearson?

Stated neither segregation nor declaration of trust is sufficient on its own - if T's personal money is so mixed with alleged trust property, declaration will not ensure validity

66

MacJordan Construction v Brookmount judgment

Separate bank account but never done, so lack of segregation meant no trust

67

What distinction did Wilberforce find artificial in Re Baden?

Distinction between trust power and mere power

68

Re Barlow

Friends

69

What certainty is not required always - only when S exercises a power to set up a trust?

Intention

70

What is the main problem Stamp LJ highlights with allowing 'relatives'?

It will be very difficult to ever say X is not a relative

71

Why was it argued the given postulant test should apply in Re Baden?

Distributing equally would undermine S's intention

72

What did Denning argue in CoA in Re Gulbenkian's ST?

More relaxed test applying to conditional gifts also applied to bare powers

73

Re Tuck's ST judgment

Valid even without reference to Chief Rabbi

74

Hunter v Moss

50 of 950 (5% shares)

75

What judge in Re Baden (No.2) showed how no trust has been declared void for use of the word 'relative'?

Sachs LJ

76

What is the non-capricious requirement for powers of a trustee?

T must bear in mind S's expressed objective intention

77

What did LJ Dylan argue in Hunter v Moss?

There is an analogy with testamentary declarations which 'only differ' by S being dead

78

What judge in what case said that a reference to a Chief Rabbi to resolve uncertainty was valid?

Re Tuck's Settlement, Lord Denning

79

What case showed a move to imperative words needed for intention of trust?

Lamb v Eames

80

Why was the subject matter in Hunter v Moss sufficiently certain?

ALL shares were indistinguishable - any could satisfy P's 5%

81

What judge stated that relation cases should not be relied upon to allow discretion of courts because there was always some pointer in those cases, and pre-Morice v Bishop?

Lord Guest

82

What did Wilberforce argue about the judgment in Morice v Bishop?

Does not require complete ascertainment of all possible objects

83

Why did Lord Wilberforce believe the test for DT and fiduciary power should be aligned?

There is a difficulty in distinguishing between the two sometimes

84

Re Tuck's ST general

Jewish faith and approved wife

85

What judge in Re Baden's Trusts (No.2) imposed a requirement that a 'substantial' core of objects remained?

Megaw LJ

86

What did the dissenting judges argue in McPhail v Dolton?

Need list to enable courts to execute DT (Morice v Bishop of Durham), with no idea about S's intention. Artificiality of Wilberforce's test.

87

What does establishing certainty of subject-matter involve?

Finding specific property to which the duty relates

88

What judge at first instance in Re Baden's Trusts (No.2) found the class did pass the given postulant test?

Brightman J

89

When did Hayton and Mitchell suggest a CT should be the default?

In family home contexts to ensure individual interest passes on death

90

Why did the SC disagree with LJ Briggs' argument at first instance in SC?

Produced prejudice for alternative method offered by the statute and used by companies PURELY for flexibility and ease of administration

91

Byrnes v Kendle

Hates wife

92

Re Coxen judgment

Appointment cannot save a settlement from conceptual uncertainty

93

Re Goldcorp Exchange had the same judgment as what other case?

Re London Wine Co

94

What does establishing a certainty of object involve?

Identifying the context of Ts duty - what limits does S intend to impose, and what info is required for a court to police and enforce such limits if necessary

95

IRC v Broadway Cottages on fixed trust

Need to be able to draw up a complete list of objects

96

What did the SC in Pearson v Lehman Brothers find the statute had to be read in light of?

Directive

97

What case is hard to reconcile with Lamb v Eames and Richards v Delbridge?

Paul v Constance

98

Re Golay's Will Trust judgment

'reasonable income' valid as courts are used to objective assessment of reasonableness and intention still clear

99

In what other case does Wilberforce believe the idea applied in 'relation cases' has been exported?

Richardson v Chapman

100

What is the only thing a beneficiary can force the donee to do?

Think about exercising the power

101

What case does the argument in Pearson v Lehman Brothers explain?

Hunter v Moss

102

What are the three certainties?

Intention, subject-matter and object/aim

103

What judge in Re Baden (No.2) found the word 'dependent' does not introduce linguistic or semantic uncertainty?

Stamp LJ

104

What judge in what case believed the appointment of an individual to resolve uncertainty could save a settlement from conceptual uncertainty?

Denning in Re Tuck's ST

105

What judges in Re Baden's Trusts (No.2) were more faithful to the underlying policy of Wilberforce in No.1?

Sachs and Megaw LJ

106

Re London Wine Co judgment

Bulk wine cases not allocated so no trust

107

What case did the court adopt in Re Baden's Deed Trusts?

Re Gulbenkian's Settlement Trusts

108

what three cases look at the effect of segregation on certainty of subject-matter?

Re London Wine Co; Re Goldcorp Exchange; and MacJordan v Brookmount

109

What two cases explore the impact of segregation on certainty of intention?

Azam v Iqbal; Re Lewis's of Leicester Ltd

110

What two duties does a T have under a fixed trust?

Distribute subject-matter to B and do so in set shares

111

What hesitant example did Wilberforce give of when a trust will be void for administrative unworkability?

'All the residents of Greater London'

112

Section 22 Administration of Justice Act 1982

Testamentary transfer to a spouse is absolute regardless of a statement of the property going to children after spouse's death

113

Paul v Constance on certainty of intention

Only one legal owner, but found a trust regardless

114

If there was a choice in interpretations of the statute, what did Pearson v Lehman Brothers decide should be the interpretation taken?

The one offering the most protection should be chosen

115

Dundee General Hospital Board v Walker

Courts can still challenge and review any decision of appointed party if they considered the wrong question/did not apply their minds

116

Pearson v Lehman Brothers judgment

Proportional argument and one contractual right against company regardless of number of shares

117

What two certainties are required for all trusts?

Subject-matter and object

118

Azam v Iqbal judgment

Muddling of personal and alleged trust property inconsistent with terms of a trust

119

Re Goldcorp Exchange

Gold bars

120

Palmer v Simmonds found what to be certain for subject-matter, and what to be uncertain?

'Bulk of my residuary estate' uncertain, but 'the residue of my estate' valid

121

Re Lewis's of Leicester Ltd on certainty of intention

Maintained separation between T's personal property and that belonging to concessions

122

Hunter v Moss shows the courts taking what approach over what other approach?

Practical over overly-technical approach

123

What happened in Richards v Delbridge?

Court enforced that imperfect gift did not create a trust

124

What did Stamp LJ find about the word 'dependent' and the court's skills?

Court well-equipped to decide if someone fits such a description based on individual facts of the case

125

What case enforces the Restatement Principle that a trust will never fail for want of a trustee - find new trustee?

Bisra v Kebede

126

In what case did the court decide that maintained separation between concessions and personal shop funds was sufficient for certainty of intention?

Re Lewsi's of Leicester Ltd

127

The given postulant test in Re Gulbenkian ST applied to what types of powers?

Fiduciary powers

128

What judge refused to lay down guidance on the definition of relatives because no practical difficulties have arisen in Re Baden (No.2)

Sachs LJ

129

Byrnes v Kendle on certainty of intention

Objective test, and doesn't apply to trusts imposed by law

130

What judge dissented in Pearson v Lehman Brothers?

Lord Hope

131

What judge in particular in Re Baden No.1 highlighted the absurdity of equal division?

Lord Hodson

132

What happens if a trust is void for lack of one of the certainties?

Property reverts to S's estate

133

What judge in Re Baden No.1 relied heavily on validity of trust test in Morice v Bishop of Durham?

Lord Hodson

134

What did the court in Paul v Constance place a lot of weight on?

The 'unsophisticated character of the deceased and his relationship with P'

135

What is a problem with the judgement in Paul v Constance?

Court did not state when trust arose, or why they assumed a CT

136

Re Hay's Settlement Trusts on 'given postulant' test?

Applies to fiduciary powers

137

What case made it clear that English law will not recognise a private purpose trust?

Morice v Bishop of Durham

138

What test in particular did the CoA accept in Broadway Cottages from Morice?

Validity of a trust test - need to be able to control and administer a trust for it to be valid

139

Paul v Constance

Lump sum injury

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