W7 | Creating and Performing the Trust
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Questions and Answers

Which beneficiary classification is least likely to be upheld in a private trust?

  • Close friends
  • Charitable organizations
  • Individuals from specific races (correct)
  • Family members
  • What is a potential consequence of a violation of the rule against perpetuities in trust law?

  • The trust will automatically dissolve
  • The trust becomes irrevocable
  • The beneficiaries lose their rights
  • The trust assets may revert to the settlor (correct)
  • How does freedom of disposition in private trusts relate to discrimination laws?

  • Private trusts enjoy complete immunity from discrimination laws (correct)
  • Discrimination laws only apply to public trusts
  • Freedom of disposition overrides discrimination concerns
  • All trusts must comply with anti-discrimination legislation
  • In relation to resulting trusts, which scenario is most indicative of an intention to create such a trust?

    <p>Transfer of property without consideration</p> Signup and view all the answers

    Which statement best reflects how discrimination may influence private trusts?

    <p>Discrimination has no bearing on the establishment of private trusts</p> Signup and view all the answers

    What does an express trust require regarding the classification of beneficiaries?

    <p>Beneficiaries must be specifically named or clearly defined.</p> Signup and view all the answers

    In the context of trusts, what is a resulting trust most likely to arise from?

    <p>A voluntary transfer of property for illegal purposes.</p> Signup and view all the answers

    What does the rule against perpetuities generally seek to prevent?

    <p>The indefinite control of property by deceased individuals.</p> Signup and view all the answers

    How does statutory public policy typically address dispositions intended to defeat creditors?

    <p>By empowering courts to set aside such dispositions.</p> Signup and view all the answers

    What is the main purpose of s37A as discussed in the case of Marcolongo v Chen?

    <p>To suppress fraud through liberal construction.</p> Signup and view all the answers

    What happens if a purported trust is incomplete and the settlor is still alive?

    <p>The settlor continues to hold the property on their own behalf.</p> Signup and view all the answers

    What occurs when property is transferred to a would-be trustee but the trust is not completely constituted?

    <p>The trustee holds the property on a resulting trust for the settlor.</p> Signup and view all the answers

    If a declaration of trust is made after the transfer of property, what will be its effect?

    <p>The declaration will be ineffective.</p> Signup and view all the answers

    What can cure an incomplete trust if the intended beneficiary has provided consideration?

    <p>An agreement to trust is established.</p> Signup and view all the answers

    Which scenario would cause a trust to fail according to societal norms?

    <p>Setting up a trust that undermines the institution of marriage.</p> Signup and view all the answers

    What must occur for a trust to be effectively constituted?

    <p>Simultaneous declaration and transfer of property.</p> Signup and view all the answers

    What is the consequence if a settlor dies before an express trust is fully constituted?

    <p>The court may recognize a resulting trust for the settlor's estate.</p> Signup and view all the answers

    What effect does giving valuable consideration have on an incomplete trust agreement?

    <p>It may cure the incompleteness of the trust.</p> Signup and view all the answers

    Study Notes

    Statutory Public Policy and Trusts

    • The term "defraud" in s37A of the Statute of Elizabeth 1571 should be interpreted in the same way as the Elizabethan statute.
    • The court should give a liberal construction to s37A to ensure the purpose of suppressing fraud.
    • Anti-avoidance provisions give courts the power to set aside dispositions, including trusts created to defeat a court order.
    • A voluntary transfer of property for illegal purposes could mean a resulting trust for the transferor.

    Express Trusts and Discrimination

    • Express trusts can define beneficiaries based on factors like gender, religion, and sexual orientation.
    • Express trusts are upheld because the law favors freedom of disposition.
    • Modern equal opportunity and anti-discrimination laws do not apply to private trusts.

    Marcolongo v Chen

    • Marcolongo sued a company (Lyn) for building works that damaged her property.
    • Lyn, owned by Yang, transferred its only substantial asset to Chen.
    • The transfer was designed to protect the assets from potential action by the Chinese government.
    • The court set aside the transfer under s37A because it was intended to defeat Marcolongo's claim.

    Incomplete Trusts

    • If a trust is not fully constituted, the settlor continues to hold the property if the trust fails by declaration.
    • If the property is successfully transferred to the intended trustee, the trustee holds the property on resulting trust for the settlor and must re-transfer it.
    • If the settlor is no longer alive, the court may recognise the existence of the trust even if not fully constituted.

    Non-Simultaneous Declaration and Vesting

    • A declaration of trust made after the transfer of property is ineffective.
    • A declaration of trust made before the transfer is effective if the transfer takes place subsequently.
    • An agreement to trust may cure the process, especially if valuable consideration is provided by the intended beneficiary.

    Trusts and Public Policy

    • Trusts that are contrary to public policy may fail, such as trusts designed to prejudice the administration of justice, commit a legal wrong, or undermine the institution of marriage.

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    Description

    Explore key concepts related to statutory public policy and express trusts. This quiz covers important legal interpretations, anti-avoidance provisions, and the impact of discrimination laws on trusts. Test your knowledge of landmark cases like Marcolongo v Chen and their implications in trust law.

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