Problem Question on Trusts.

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brokensoup
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#1
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#1
This part of a problem question I have been given is driving me crazy. Any help offered would be great!

"Charles was passionate about restoring Beechyhead castle but had been refused further loans by the bank. Lord Marchmain, on his arrival, lent Charles £100,000 interest free to be paid back when the castle could start receiving visitors. However, after having lived there for two weeks, Lord Marchmain was so moved by Charles’s love for the castle that he told Charles not to worry about paying that loan back"

...Lord Marchmain later dies and Charles is the executor of his will.

I know that I need to talk about the equitable maxims "equity will not perfect an imperfect gift" and "equity will not assist a volunteer". I also know that I need to talk about Milroy v Lord and Strong v Bird BUT what I can't understand is how I am meant to talk about the fact that there is no consideration given to fully constitute the trust when I am unable to find a trust in the scenario?

Some people have said that there is a resulting trust or a constructive trust but I am unaware of how this can be? Or whether there is a trust at all?

Any idea on this?

Any help would be greatly appreciated.

Thanks!
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Tyler Bam
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#2
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#2
Hey, sorry to see you haven't had any replies to your thread yet. Are you sure you’ve posted in the right place? Posting in the specific university or course forum should help get more responses.

If you haven’t already found it, then university connect is a really useful way for finding people at your course/university! You can also find a list of applicant threads and courses here. It's worth checking out if you have questions.

If you need advice on your academic work, then the Study Help section will be able to help you. Hope this helps!
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und3niable_
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#3
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#3
(Original post by brokensoup)
This part of a problem question I have been given is driving me crazy. Any help offered would be great!

"Charles was passionate about restoring Beechyhead castle but had been refused further loans by the bank. Lord Marchmain, on his arrival, lent Charles £100,000 interest free to be paid back when the castle could start receiving visitors. However, after having lived there for two weeks, Lord Marchmain was so moved by Charles’s love for the castle that he told Charles not to worry about paying that loan back"

...Lord Marchmain later dies and Charles is the executor of his will.

I know that I need to talk about the equitable maxims "equity will not perfect an imperfect gift" and "equity will not assist a volunteer". I also know that I need to talk about Milroy v Lord and Strong v Bird BUT what I can't understand is how I am meant to talk about the fact that there is no consideration given to fully constitute the trust when I am unable to find a trust in the scenario?

Some people have said that there is a resulting trust or a constructive trust but I am unaware of how this can be? Or whether there is a trust at all?

Any idea on this?

Any help would be greatly appreciated.

Thanks!
It is seen by equity as a gift but equity is suspicious of gifts where it is not offered by spouses, father to child. Maybe you could talk a bit about that and resulting trusts and whether the presumption of advancement applies. Sorry that's all I got...struggling with my own trusts cw

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saltphone
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#4
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#4
This is pretty weird!
What is the question or problem you are asked to answer?
What type of law is this? contract? equity and trusts and or property law?
on the facts of what you have mentioned above there can be no constructive or resulting trusts as these can only be applied when there has been some agreement between Charles and Lord Marchmain that a. he would have some stake in some unnamed property and b. he acted to his detriment because of this.
Possibly why you are failing to get any advice is because more info is needed?
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