Restrictions On Purpose Of Trust Flashcards Preview

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Flashcards in Restrictions On Purpose Of Trust Deck (13):
1

Hardie v Morrison

Where the purpose is to promote something that has no meaning the trust will be void from vagueness. In this case it was ‘free thought’

2

Overly wide purposes

Trust purposes can not be so wide that they cinder on the trustees such a wide discretion that it becomes the trustees purposes rather than the truster

3

Sutherland’s Trs v Sutherland

Overly wide purposes

The instruction to the trustees to dispose of the residue of an estate ‘in such a manner they think proper’ was void as was overly wide

4

Warren v Anderson

Discretion to benefit those whom you know respect me was held to be valid as it was a workable trust purpose

5

Angus Exx v Batchans Trs

Public trusts

Charitable purposes and educational purposes held as being valid

6

Blair v Duncan

Public trusts

Public purposes failed

7

Rintoul v Rintoul

Religious purposes not held as valid

8

Bowman v secular society limited

Contrary to morality

A trust purpose will be held void if it is held to be immoral or in other words contra bonas mores - in bad faith

9

Fraser v Rose

Condition in a trust that a daughter had to estranged herself from the mother was not acceptable but trust was given without condition

Contrary to morality

10

Innes v innes

Changing of religion would be contrary to morality

11

Sturrock v rankins trs

Marriage

12

Sutherland’s Trs v verschoyle and ors

Extravagant and wasteful purposes are not allowed, funeral arrangements and memorials

13

McGaig v Glasgow uni

Seen to be wasteful as you cannot set up a trust if it is seen to be a complete waste of money it will be struck down