Trusts, the 3 certainties
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16 terms
Terms | Definitions |
|---|---|
 Knight v Knight 1840 | certainty of intention, certainty of subject matter, certainty of objects |
| lambes v eames 1871 | 'to be at her disposal in any way she may think best for the benefit of herself and her family |
| Paul v Constance | Mr Constance's actions indicated a trust e.g. only time he withdrew money he split it with Mrs Constance |
| Kayford ltd | separation of customer's money= trust |
| Lassence | where lack of intention donnee takes as gift |
| Palmer v Simmonds | where tangible property trust property must be separated from the rest |
| Re London Wine Co. | bottles not separated |
| s205 SOGA 1979 | purchasers of bulk become tenants in common |
| Hunter v Moss 1994 | intangible property no need to identify |
| Boyce v Boyce 1849 | Maria to choose house for Charlotte. maria died trust property uncertain |
| IRC v Broadway Cottages | where beneficial interest are fixed full list of beneficiaries must be able to be created |
| Re Baden's trust | test for certainty of objects in discretionary trusts is whether it could be said with certainty that any given individual is or is not a member of the class |
| Re Barlow's WT | paintings to be sold at reduced price to friends and family. Held. a condition precedent will be valid if at least one person can be said to satisfy the condition |
| Re Tuck's ST | chief rabbi to solve conceptual uncertainty |
| R v West Yorkshire | all residents of west yorkshire- administrative unworkability |
| Re May's ST 1982 | fiduciary powers, consider periodically whether to exercise the power, cosnider range of possible objects, consider appropriateness of appointments made |
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