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Equity and Trusts: Is this question asking about purpose trusts or fiduciaries?

I am just looking at past exams and trying to see what type of essay questions are in the essay section.
I have not read fidicuaries, so I am not sure what this question is asking. Could you please tell me whether it is a purpose trusts or fiduciaries question? Both topics deal with rights in property I believe? And maybe a sentence or two of why it is related to that topic.

Does it make most sense to understand the rights of trust beneficiaries as personal rights or as rights in property?
(edited 12 years ago)
Original post by xxlazypandaxx
I am just looking at past exams and trying to see what type of essay questions are in the essay section.
I have not read fidicuaries, so I am not sure what this question is asking. Could you please tell me whether it is a purpose trusts or fiduciaries question? Both topics deal with rights in property I believe? And maybe a sentence or two of why it is related to that topic.

Does it make most sense to understand the rights of trust beneficiaries as personal rights or as rights in property?


... Neither? At least, not to the exclusion of each other.

As far as I can tell, it's actually talking about claims and remedies - if your remedy matches the right, what rights go to which remedies.

Could be wrong but I'm not entirely sure where you got purpose trusts from at the least.
Reply 2
Original post by gethsemane342
... Neither? At least, not to the exclusion of each other.

As far as I can tell, it's actually talking about claims and remedies - if your remedy matches the right, what rights go to which remedies.

Could be wrong but I'm not entirely sure where you got purpose trusts from at the least.


I agree--it doesn't seem to relate to purpose trusts at all, as a purpose trust won't have a beneficiary (leaving aside a situation like that in Re Osoba or Re Denley's Trust Deeds where they found a purpose to benefit a certain beneficiary/class of beneficiary). Fiduciary liability deals with something both narrower (not all trustees' duties are fiduciary) and wider (not all fiduciaries are trustees).

OP, it looks like the question is asking you to consider what rights a beneficiary of a trust has and against whom. In other words, what's the nature of a trustee's rights with regard to the trust property, with regard to the trustees, and with regard to the world at large?
Reply 3
Original post by jjarvis
I agree--it doesn't seem to relate to purpose trusts at all, as a purpose trust won't have a beneficiary (leaving aside a situation like that in Re Osoba or Re Denley's Trust Deeds where they found a purpose to benefit a certain beneficiary/class of beneficiary). Fiduciary liability deals with something both narrower (not all trustees' duties are fiduciary) and wider (not all fiduciaries are trustees).

OP, it looks like the question is asking you to consider what rights a beneficiary of a trust has and against whom. In other words, what's the nature of a trustee's rights with regard to the trust property, with regard to the trustees, and with regard to the world at large?


I thought it might have been a question about purpose trusts becauase one of my book mentions how unincorporated associations hold property (so I thought property rights)?...But it's only a very small section. I guess I'm wrong.

So is the topic that covers this question "Duty to account and compensatory liability of trustees"? This question isn't asking about trustees though but there seem to be no other topics that actually cover this question...or maybe it'll come up later in the course. Or is this question so broad that it covers like several topics (I thought the prof said it's usu. one topic per question for trusts tho...)?
(edited 12 years ago)

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