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Equity and Trusts problem question

Hi

I have been given a problem scenario for an essay and i'm confused as to the approach needed to answer it.

I do not wish to post question for obvious reasons.

My problem is that there is an issue as to whether the lifetime gift is a trust/gift, due to language used and intention. There is no obvious declaration.

Secondly, the shares haven't been transferred correctly.

Would you start by deciding the likelihood of it been a gift/trust, or start with it being incompletely constituted??

Also if it isn't a trust, can it then be an outright gift?

Just cant get my head around it tbh. :confused:

Any help would be greatly appreciated
Hi there,

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Original post by Lindzlashes
Hi

I have been given a problem scenario for an essay and i'm confused as to the approach needed to answer it.

I do not wish to post question for obvious reasons.

My problem is that there is an issue as to whether the lifetime gift is a trust/gift, due to language used and intention. There is no obvious declaration.

Secondly, the shares haven't been transferred correctly.

Would you start by deciding the likelihood of it been a gift/trust, or start with it being incompletely constituted??

Also if it isn't a trust, can it then be an outright gift?

Just cant get my head around it tbh. :confused:

Any help would be greatly appreciated


Hard to tell without looking at the question.

Is either the trust property uncertain, or the beneficial interest?

If the trust property is uncertain, the trustee retains it beneficially and it is effectively a gift, but if the beneficial interest is uncertain a resulting trust arises in favour of the settlor.

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