Questions and Answers
Which of the following is a requirement for a valid trust according to the text?
All of the above
Which of the following is one of the 'three certainties' required for a valid trust?
All of the above
What is the beneficiary principle for a valid trust?
The trust must be for the benefit of individuals
What is the effect of a settlement by will made by a minor?
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What is required for a will to be considered valid?
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What is the effect of incapacity on a transaction?
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When does a person lack capacity under the Mental Capacity Act 2005?
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Can a lack of capacity be established merely by a person's age or appearance?
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Can the Court of Protection make orders on behalf of a person who lacks capacity in relation to their property and affairs?
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Can a minor be a beneficiary under a trust?
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Can a sole trustee hold on trust for themselves as the sole beneficiary?
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Study Notes
Capacity of Settlor and Beneficiaries in Trusts
- A valid trust requires the creator of the trust to have the power to create it and the beneficiaries to have the ability to accept the equitable interests conferred on them.
- The capacity of a person to be a settlor or beneficiary is determined by section 1 of the chapter.
- The three certainties are necessary for a trust to be valid: certainty of words, certainty of subject, and certainty of objects.
- The beneficiary principle requires that a trust must be for the benefit of individuals, with exceptions for charitable trusts.
- Trusts for unincorporated associations present difficulties due to their lack of legal personality.
- Minors cannot hold a legal estate in land and, therefore, cannot settle it, but they can make voidable inter vivos settlements.
- Minors cannot make a valid will, except in specific circumstances.
- The validity of a trust created by a will or inter vivos settlement may be challenged based on the mental capacity of the person creating the trust.
- The Mental Capacity Act 2005 governs the making of wills or settlements for persons lacking mental capacity.
- A person is assumed to have capacity unless proven otherwise, and capacity is determined based on impairment or disturbance in the functioning of the mind or brain.
- The Court of Protection can make orders on behalf of a person lacking capacity in relation to their property and affairs, including the creation of settlements or execution of wills.
- Anyone who can hold an interest in property can be a beneficiary under a trust, including minors who can have an equitable interest in land.
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