Restrictions On Purpose Of Trust Flashcards Preview

Trusts Ans Successions > Restrictions On Purpose Of Trust > Flashcards

Flashcards in Restrictions On Purpose Of Trust Deck (13)
Loading flashcards...
1
Q

Hardie v Morrison

A

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
Q

Overly wide purposes

A

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
Q

Sutherland’s Trs v Sutherland

A

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
Q

Warren v Anderson

A

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

5
Q

Angus Exx v Batchans Trs

A

Public trusts

Charitable purposes and educational purposes held as being valid

6
Q

Blair v Duncan

A

Public trusts

Public purposes failed

7
Q

Rintoul v Rintoul

A

Religious purposes not held as valid

8
Q

Bowman v secular society limited

A

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
Q

Fraser v Rose

A

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
Q

Innes v innes

A

Changing of religion would be contrary to morality

11
Q

Sturrock v rankins trs

A

Marriage

12
Q

Sutherland’s Trs v verschoyle and ors

A

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

13
Q

McGaig v Glasgow uni

A

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