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/ Equity Cases (Part 1)
Can you pick the Equity Cases (Part 1)?
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Intention - level of intention rises with value of gift
Subject Matter 'Bulk of' is too unclear
Subject matter of a trust is certain if settlor provides a workable formular
Subject Matter- intangible items of same value need not be segregated
Intention to create a trust - The word trust does not need to be used
Intention to create a trust - Precatory words cannot be used
Subject Matter - Money in a separate bank account is sufficiently certain
Certainty of Object - Fixed trust - Complete List Test
Certainty of Object - Discretionary Trust - 'Given Postulant Test'
Common sense approach - people must prove they are in a class
A substantial number must be able to prove they are within a class
If someone who cannot be catagorised as inside or outside a class the trust fails
Chattels require physical delivery
Chattels can be transferred by deed
'Equity will not perfect an imperfect gift'
'Equity will not assist a volunteer'
Every Effort Test
Donor intended a gift, Intention remained unchanged, donee becomes a PR of the will
Unconscionable to prevent the gift or trust
Trust must have ascertainable human beneficiaries
Honorary Trusts for animals
Honorary Trusts for tomb maintenance
Charitable trust must be charitable in purpose and sufficient public benefit
Capaciousness - Irrational reason for gift
Presumption of advancement- Father to child
Presumption of advancement - Husband to wife
Presumption of advancement is easily rebuttable
Presumption of Resulting Trust if : X Transfers Property to Y, no consideration, no evidence of X's intention
Where property is purchased in the name of another, presumption of trust of percentage contribution
Resulting trust: Payment must be made at the time of transfer
Resulting trust can be rebutted with evidence of intention at time of transfer
Evidence of an illegal motive cannot be used to rebut the presumption of resulting trust
Evidence of an illegal motive can be used to rebut the presumption of an illegal motive if illegal act was never carried out
Constructive Trust - Common intention can be implied by mortgage payments
Constructive Trust - Can be inferred from payment of bills in lieu of mortgage payments
Constructive Trust - Quantifying the interest is done not based on the contribution
Constructive Trust - If the size of share was agreed at the time of common intention this will be binding
Constructive Trust - Non financial contributions are taken into account
Proprietary Estoppel - Parent allowing a child to build a bungalow on land was enough to establish an interset
Proprietary Estoppel - Acting to their detriment can be financial and personal
Proprietary Estoppel - Factors to Consider: Financial obligations, unconsciousability, alteration of Defendants finances, benefits already received, proportion and praticallity
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