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    Emily purchased 10 Acacia Avenue with her mother, Frances, for £120,000. Emily and Frances each contributed £60,000 to the purchase price. Emily alone is the registered proprietor with absolute freehold title. Six months after moving in Emily meets Goff who comes to live with them at 10 Acacia Avenue. Emily and Frances tell Goff that he should treat the house as his home. Goff decorates the house, lays a garden and pays for a large conservatory. Goff also pays the gas and electricity bills. Frances and Goff want to move out of 10 Acacia Avenue and want to buy homes of their own. They each claim a share of 10 Acacia Avenue and want it sold. Emma does not. Advise Emily whether Frances and Goff have an interest in 10 Acacia Avenue and if so why and how will their share be quantified? Advise Emily whether she can prevent the sale of 10 Acacia Avenue.
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    What area of equity and trusts is this as it seems more similar to a land law question and isn't anything like we'd expect in an exam?
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    (Original post by Tasha0)
    What area of equity and trusts is this as it seems more similar to a land law question and isn't anything like we'd expect in an exam?
    resulting and constructive trusts
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    (Original post by Tasha0)
    What area of equity and trusts is this as it seems more similar to a land law question and isn't anything like we'd expect in an exam?
    Family homes?

    Introduction - Identify the relevant area of the law and explain the steps you are going to go through to establish an interest

    Starting point - sole or joint legal ownership

    (1) Constructive trust by common intention by conduct
    - Phase 1 - acquisition (need to prove (1) direct contribution to the purchase price; (2) express common intention which may be inferred from conduct)
    - Phase 2 - quantification (consider (1) factors stated by Lady Hale in Stack v Dowden; (2) fairness)

    (2) Constructive trust by common intention by agreement
    - Phase 1 - acquisition ((1) agreement to share (Lloyd's Bank v Rosset); (2) there was a detrimental reliance, which changed the position of the cohabitants - e.g. decorating the house)
    - Phase 2 - quantification (consider (1) factors stated by Lady Hale in Stack v Dowden; (2) fairness)

    Both can create an interest in the property (proprietary right).

    (3) Proprietary estoppel
    - Phase 1 - creating a mere equity (four steps in Taylor Fashions v Liverpool Victoria Trustees)
    - Phase 2 - feeding the equity (the courts will give the minimum right or interest necessary to do justice; see Crabb v Arun District Council)

    This can create either a proprietary or personal right (depending on the judgement).

    (4) Conclusion - which is the easiest one to prove to establish an interest?
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    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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    (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
    Does the question say anything else?
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    (Original post by agaata5)
    Does the question say anything else?
    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 executives 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. ?
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    Please can some one help me with this. This is how my question on the preseen paper goes 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 executives 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. ?
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    This would not be a charitable trust - you can use the following structure [to be considered charitable, each of the dispositions]:
    (1) must promote a charitable purpose (The Charities Act 2011, s. 2(1)(a))
    (2) which satisfies the public benefit requirement (s. 2(1)(b); for the definition of public benefit requirement, see s. 4)
    (3) and that purpose must be exclusively charitable (s. 1(1)(a)).

    There must be no personal nexus between the settlor and the beneficiaries - look at Re Compton, and more modernly, Oppenheim v Tobacco Securities. If there is, the trust is not considered as for a charitable purpose.

    Do you need to consider if it's a valid disposition anyway or just whether it is valid in terms of a charitable trust? Does the question say anything else? It's a bit vague.
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    (Original post by agaata5)
    This would not be a charitable trust - you can use the following structure [to be considered charitable, each of the dispositions]:
    (1) must promote a charitable purpose (The Charities Act 2011, s. 2(1)(a))
    (2) which satisfies the public benefit requirement (s. 2(1)(b); for the definition of public benefit requirement, see s. 4)
    (3) and that purpose must be exclusively charitable (s. 1(1)(a)).

    There must be no personal nexus between the settlor and the beneficiaries - look at Re Compton, and more modernly, Oppenheim v Tobacco Securities. If there is, the trust is not considered as for a charitable purpose.

    Do you need to consider if it's a valid disposition anyway or just whether it is valid in terms of a charitable trust? Does the question say anything else? It's a bit vague.
    Hi thanks for your reply I know all that I know it's also not a valid none charitable purpose trust as it doesn't fall under any of the three exception. I have to say if the disposition is valid for example what is it. Is it a trust is it a gift what sort of trust what sort of gift and also is is valid and why that's my issue I don't know if it's a gift or not and if it's valid or not my exam is tomorrow at 2 and this is defo on my exam it's preseen
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    Yeah, I get what are you saying, but there is nothing in question that would suggest that it is a discretionary trust or a power, or anything else. If you know what I mean. You could possibly discuss death gifts? Ie, donatio mortis causa, but then again there is nothing in the question that really points out to it.
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    You can't really discuss certainties / consitution without any details on what is it... Maybe make sure that's the whole question? Maybe you have missed something out?
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    (Original post by agaata5)
    You can't really discuss certainties / consitution without any details on what is it... Maybe make sure that's the whole question? Maybe you have missed something out?
    That is the whole question in terms of this disposition it's a pre seen exam paper which I have tomorrow at 2 there are 3 other dispositions but I know and can answer them fully but this disposition is really tricky I don't think the three certainties is a problem as I don't believe it's a trust I think it's a gift but I don't know what sort of gift thank you so much for all your help though I appreciate your effort
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    Well, we didn't cover gifts, so you are probably right. Anyways, good luck! As long as you cover the others in detail, you should be fine.
 
 
 
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