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Trust Law: Overreaching and Oral Agreements

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Trust Law: Overreaching and Oral Agreements

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Questions and Answers

What is a potential issue in a trust agreement?

Loss of property

Court intervention

Erosion of trust (correct)

Detachment of beneficiary

What happens when a trustee conveys property to themselves?

The trustee's interest is prioritized

The trust is terminated

The beneficiary's interest is overreached (correct)

The property is detached from the trust

What was the ruling in the case of Burgress v Rawnsley?

Trustees cannot sell property orally

Court cannot accept oral agreements

Oral agreements are invalid

It's okay to accept oral agreements to sell property (correct)

What is the result of overreaching?

The beneficiary's interest is detached from the land Signup and view all the answers

What is the name of the case that involved proceeds of sale being £?

Burgress v Rawnsley Signup and view all the answers

What is the consequence of overreaching in a trust?

The land is detached from the trust and sold Signup and view all the answers

What is the primary concern regarding a trustee's actions in a trust agreement?

Erosion of trust Signup and view all the answers

What type of agreement is examined in the Burgress v Rawnsley case?

Oral agreement Signup and view all the answers

What is the result of a trustee conveying property to themselves?

The trust is terminated Signup and view all the answers

What is the relationship between the trustee and the beneficiary in a trust agreement?

The trustee is responsible for managing the beneficiary's interests Signup and view all the answers