13 Questions
What is the significance of the case Re Adams in relation to trusts?
Precatory words create legal obligations in a trust.
Which case established that 'reasonable income' can be accepted as subject matter for a trust?
Re Golays
In which case was it established that intangible assets can be unsegregated in a trust?
Hunter v Moss
What is required to establish a 'complete list' of beneficiaries in a fixed trust?
Conceptual certainty
In McPhail v Doulton, what test was introduced for discretionary trusts?
'Given postulant' test
Which principle from Re Barlows is applicable for gifts under GSCP?
'One person' test
In the case of Re Adams, what is the significance of precatory words in relation to creating legal obligations?
Precatory words do not create legal obligations
Explain the concept of 'complete list' of beneficiaries in the context of fixed trusts.
Need to establish a 'complete list' of beneficiaries
What was the ruling in Hunter v Moss regarding the segregation of assets in a trust?
Intangible assets can be unsegregated
When it comes to discretionary trusts, what test was introduced in McPhail v Doulton to ensure conceptual certainty?
'Given postulant test'
How does the case of Re Golays contribute to the certainty of subject matter in trusts?
'Reasonable income' accepted because it can be calculated objectively
Explain the requirement for administrative workability in discretionary trusts based on Ex parte West Yorkshire MCC.
Administrative unworkability/capriciousness will fail the clause
What is the significance of Re Tucks in relation to defining the class of beneficiaries in trusts?
3rd party can't resolve uncertainty but can contribute to defining the class
Learn about the three certainties required for trust creation in Trust Law, including certainty of intention, subject matter, and objects. Explore key cases such as Knight v Knight, Re Adams, and Paul v Constance to understand how trust creation is interpreted by courts.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free