Trust Law: Certainties in Trust Creation
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Questions and Answers

What is the significance of the case Re Adams in relation to trusts?

  • The word 'trust' must be explicitly used to create a valid trust.
  • Precatory words create legal obligations in a trust. (correct)
  • Courts must construe words in each case but are bound by precedent.
  • Intangible assets must be segregated in a trust.
  • Which case established that 'reasonable income' can be accepted as subject matter for a trust?

  • Pauler v Simmonds
  • Hunter v Moss
  • Re London Wine
  • Re Golays (correct)
  • In which case was it established that intangible assets can be unsegregated in a trust?

  • Knight v Knight
  • Hunter v Moss (correct)
  • Re Adams
  • Paul v Constance
  • What is required to establish a 'complete list' of beneficiaries in a fixed trust?

    <p>Conceptual certainty</p> Signup and view all the answers

    In McPhail v Doulton, what test was introduced for discretionary trusts?

    <p>'Given postulant' test</p> Signup and view all the answers

    Which principle from Re Barlows is applicable for gifts under GSCP?

    <p>'One person' test</p> Signup and view all the answers

    In the case of Re Adams, what is the significance of precatory words in relation to creating legal obligations?

    <p>Precatory words do not create legal obligations</p> Signup and view all the answers

    Explain the concept of 'complete list' of beneficiaries in the context of fixed trusts.

    <p>Need to establish a 'complete list' of beneficiaries</p> Signup and view all the answers

    What was the ruling in Hunter v Moss regarding the segregation of assets in a trust?

    <p>Intangible assets can be unsegregated</p> Signup and view all the answers

    When it comes to discretionary trusts, what test was introduced in McPhail v Doulton to ensure conceptual certainty?

    <p>'Given postulant test'</p> Signup and view all the answers

    How does the case of Re Golays contribute to the certainty of subject matter in trusts?

    <p>'Reasonable income' accepted because it can be calculated objectively</p> Signup and view all the answers

    Explain the requirement for administrative workability in discretionary trusts based on Ex parte West Yorkshire MCC.

    <p>Administrative unworkability/capriciousness will fail the clause</p> Signup and view all the answers

    What is the significance of Re Tucks in relation to defining the class of beneficiaries in trusts?

    <p>3rd party can't resolve uncertainty but can contribute to defining the class</p> Signup and view all the answers

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