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Problem question for Trust and Equity
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Jessica Nhb
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#1
‘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
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
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Hann95
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#2
Sounds like it wants you to talk about the constitution of trusts and the operation of constructive trusts
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Jessica Nhb
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#3
(Original post by Hann95)
Sounds like it wants you to talk about the constitution of trusts and the operation of constructive trusts
Sounds like it wants you to talk about the constitution of trusts and the operation of constructive trusts
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Hann95
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#4
(Original post by Jessica Nhb)
Thank you Hann but what about it, its kind of confusing?
Thank you Hann but what about it, its kind of confusing?
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Hann95
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#5
I forgot to say - make sure you're constantly linking what your saying back to the quote
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Jessica Nhb
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#6
Thank you so you for your help! I have to write 500 words is that all possible?
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Hann95
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#7
(Original post by Jessica Nhb)
Thank you so you for your help! I have to write 500 words is that all possible?
Thank you so you for your help! I have to write 500 words is that all possible?
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Ivancallas123
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#8
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
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Hann95
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#9
(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
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
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Jessica Nhb
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Ivancallas123
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#11
(Original post by Hann95)
Are you sure you have the wording of the question right? That doesn't seem to make much sense
Are you sure you have the wording of the question right? That doesn't seem to make much sense
"The residue of my estate to my daughter Luna".
Advise Rita and Luna as to whether Adams testamentsry disposition is valid and charitable. ?
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Hann95
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#12
(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. ?
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. ?
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.
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Ivancallas123
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#13
(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.
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.
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Hann95
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#14
(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 😓
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 😓
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
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Jessica Nhb
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#15
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
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
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Ivancallas123
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#16
(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
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
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Jessica Nhb
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Ivancallas123
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Jessica Nhb
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#19
Lol your so bad at reading arent you, I asked about the kind of questions that might come..
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Ivancallas123
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#20
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