Problem question for Trust and Equity

Sounds like it wants you to talk about the constitution of trusts and the operation of constructive trusts

Reply 2

Original post by Hann95

Sounds like it wants you to talk about the constitution of trusts and the operation of constructive trusts

Thank you Hann but what about it, its kind of confusing?

Reply 3

Original post by Jessica Nhb

Thank you Hann but what about it, its kind of confusing?

I think that quote comes from Walsh v Lonsdale (although I'd check - I could be wrong) so I'd start there discussing what elements of equity that affected. Then since its specifically referenced Pennington I'd link and discuss the issues that arose in that case e.g. How does equity determine whether a trust is fully constituted? Does it look to the intention of the parties and if so, how? Contrast Pennington with a case such as Re Rose. Then look at how constructive trusts fits into all that, are they a remedy or a substantive institution? They are implemented by operation of the law so look at the situations where one would be implemented and support with case law. I could be totally wrong but that's the impression I'm getting from that question. As it's an essay, don't forget critical analysis - what's the advantage? What's the disadvantage? Where is there room for change? Have a look for journals to support any ideas

Reply 4

I forgot to say - make sure you're constantly linking what your saying back to the quote

Reply 5

Thank you so you for your help! I have to write 500 words is that all possible?

Reply 6

Original post by Jessica Nhb

Thank you so you for your help! I have to write 500 words is that all possible?

If you're selective it should be okay. I'd leave out case facts and just talk about maxims and principles

Reply 7

At the Time of his death A by his will appointed C and D and made the following disposition. "The residue of my daughter estate to C". What is this? Is it a valid gift what sort of gift or is it a trust what sort of trust and what cases apply ? Please help me to understand

Reply 8

Original post by Ivancallas123

Are you sure you have the wording of the question right? That doesn't seem to make much sense

Reply 9

Lol it's perfectly put! Thats the posed question

Reply 10

Original post by Hann95

Are you sure you have the wording of the question right? That doesn't seem to make much sense

The is as follows: at the time of his death Adam lived a reclusive in his luxurious mansion. He had only one surviving child his daughter Luna. By his will Adam appointed Rita and Luna as his executrices and made the following disposition.:
"The residue of my estate to my daughter Luna".
Advise Rita and Luna as to whether Adams testamentsry disposition is valid and charitable. ?

Reply 11

Original post by Ivancallas123

I feel like there should be more to the question but some point you could address would be what type of gift is it, were the formalities followed, does the clause meet the three certainties (intention, subject matter and objects) can an executor of a will also be a beneficiary.

With regard to it being charitable you need to look to the Charities Act 2011. S3(1) provides a list of charitable purposes, does it fit into any of those? Is it wholly and exclusively charitable? Is it for the public benefit? From what you've said, it does not meet any of those requirements so I'm not sure why the question would be asking if the trust is charitable.

Reply 12

Original post by Hann95

Hi I know it's not charitable as it doesn't fall under any of the heads nor does it have a public benefit. My issue is what sort of gift is it and can an executor receive it also you cannot talk about subject matter and objects as that is to do with the three certainties of an express private trust. This is not a trust as A does not hold to give to be it's simple A gives to B it's really frustrating and confusing 😓

Reply 13

Original post by Ivancallas123

An executor can be a beneficiary. It's only that a beneficiary cannot be a witness to a will.

I think it's just a non-specific residuary gift so what it actually contains will depend on what has already been given away by the will

Reply 14

Can anyone please help tell me what kind of questions I might get in the criminal law exam from the below 6 topics?

1-AN INTENTION QUESTION
2-A PROVOCATION QUESTION
3-AN INTOXICATION QUESTION
4-A SEXUAL OFFENCES QUESTION
5-A PROPERTY OFFENCES QUESTION
6-A MANSLAUGHTER QUESTION - INVOLUNTARY VS VOLUNTARY

Thanks xx

Reply 15