Three Certainties Flashcards
(18 cards)
Re Adams
“In full confidence” did not create a trust
Re London Wines
Nearly identical objects must be separated when put on trust
Hunter v Moss
50/950 shares held on trust. Was decided that intangible assets need not be separated.
Re Golay
Reasonable income could be figured out
McPhail v Doulton
Any given postulant test
Re Baden
Relatives conceptually certain
Re Tuck
Delegation by a third party could cure conceptual uncertainty.
West Yorkshire County Council
Administrative unworkability
Re Barlow
One person test
Re Allan
“Pure blooded Englishmen” not certain
Re Hamilton
The courts will look at each case for precatory words
Lambe v Eames
“any way she thinks best” held to not be imperative wording.
Tito v Waddell (No 2)
Courts look at the intention rather than the words used. Use of word ‘trust’ not enough
Midland Bank
Creating a sham trust to avoid bankruptcy not allowed
Re Kayford
No need to use any particluar words
Palmer v Simmonds
“The bulk” not certain
In the Estate of Last
Anything that is left from me at death should pass onto others.
Re Endacott
Usually need a person to be the beneficiary of a trust.
