Hey there! Sign in to join this conversationNew here? Join for free
x Turn on thread page Beta

Problem question for Trust and Equity watch

Announcements
    • Thread Starter
    Offline

    0
    ReputationRep:
    ‘Equity regards as done that which ought to be done.’

    Discuss this maxim making reference to the case of Pennington v

    Waine [2002] EWCA CIV 227.

    I dont know how to do this can somebody please please help!!!

    Thanks
    Offline

    11
    ReputationRep:
    Sounds like it wants you to talk about the constitution of trusts and the operation of constructive trusts
    • Thread Starter
    Offline

    0
    ReputationRep:
    (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?
    Offline

    11
    ReputationRep:
    (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
    Offline

    11
    ReputationRep:
    I forgot to say - make sure you're constantly linking what your saying back to the quote
    • Thread Starter
    Offline

    0
    ReputationRep:
    Thank you so you for your help! I have to write 500 words is that all possible?
    Offline

    11
    ReputationRep:
    (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
    Offline

    0
    ReputationRep:
    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
    Offline

    11
    ReputationRep:
    (Original post by Ivancallas123)
    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
    Are you sure you have the wording of the question right? That doesn't seem to make much sense
    • Thread Starter
    Offline

    0
    ReputationRep:
    Lol it's perfectly put! Thats the posed question
    Offline

    0
    ReputationRep:
    (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. ?
    Offline

    11
    ReputationRep:
    (Original post by Ivancallas123)
    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. ?
    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.
    Offline

    0
    ReputationRep:
    (Original post by Hann95)
    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.
    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 😓
    Offline

    11
    ReputationRep:
    (Original post by Ivancallas123)
    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 😓
    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
    • Thread Starter
    Offline

    0
    ReputationRep:
    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
    Offline

    0
    ReputationRep:
    (Original post by Jessica Nhb)
    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
    I can help with sexual offence question and manslahighter murder and all other evidence, burden and proof questions am a third year and do evidence prof and argument
    • Thread Starter
    Offline

    0
    ReputationRep:
    Hmm then please help, thank you. 😊
    Offline

    0
    ReputationRep:
    What do you want to know lol they big topics each 😂😂😂
    • Thread Starter
    Offline

    0
    ReputationRep:
    Lol your so bad at reading arent you, I asked about the kind of questions that might come..
    Offline

    0
    ReputationRep:
    Oh oh what are you studying and what year so I can't explain things
 
 
 
Reply
Submit reply
Turn on thread page Beta
TSR Support Team

We have a brilliant team of more than 60 Support Team members looking after discussions on The Student Room, helping to make it a fun, safe and useful place to hang out.

Updated: May 20, 2016
Poll
Do you agree with the proposed ban on plastic straws and cotton buds?

The Student Room, Get Revising and Marked by Teachers are trading names of The Student Room Group Ltd.

Register Number: 04666380 (England and Wales), VAT No. 806 8067 22 Registered Office: International House, Queens Road, Brighton, BN1 3XE

Write a reply...
Reply
Hide
Reputation gems: You get these gems as you gain rep from other members for making good contributions and giving helpful advice.