| Content of Case | Name of Case and Year | Extra Info |
|---|
| Money in a bank for Rolls Razor washing machines - bankrupt - money a trust then a debt | |
| Croydon store going bust - deposits into separate account - Trust | |
| Mother-in-law pays £600 for a new room onto house - not a debt but a constructive trust (Denning) - confusing. | |
| Crook takes out 100% mortage - building society sell flat - actually make profit - money goes to prison authority. Sympathy - not logical. | |
| Prison governor is not a trustee of prisoner's cash.. | |
| Dye manufacturer - employee takes bribes to buy bad die - debt not trust. | |
| Eastern lawyer takes bribes - buys property in NZ - that property is on trust... | |
| Sons are executors and trustees - one pawns of some family silver - others want it back - trust - sympathy against pawnbroker. | |
| Some beneficiaries are worse off but that is OK because it's good for estate as a whole - less tax paid | |
| Daughter gets guarantee from solicitors for husband as admin - he was also trustee - absconds - solicitors say they only guaranteed as an admin. | |
| 'An unclearly expressed express trust.' RK - what's that? | |
| Property transferred - words of settlement to be confirmed... what is that? | |
| Property not handed over yet... what is that? | |
| What kind of power is... a power to manage the property. | |
| a power to pay out to beneficiaries, add beneficiaries or hand over capital. | |
| General power = power to appoint to anybody in all the world e.g. | |
| 'to all the world except X' = hybrid power | |
| None owed estate duty in a discretionary trust... Does not come up usually as there are always unborn beneficiaries. | |
| Non-fiduciary power rules laid down... | |
| Discretionary trust rules laid down - is/is not + admin workability | |
| Russian dies - son on isle of man wants to know his entitlement - power not trust - PC says sometimes under a power you can be entitled to know.. | |
| Discretionary trust - they can also know under certain circumstances | |
| What form does the non-binding advice of the testator take when advising his trustees how to exercise their discretion? | |
| Three certainties: | |
| Everyone wants to validate this trust but they all take different routes... | |
| Rabbi obiter | |
| Conditional gift of paintings to friends who must come forward to claim their prize... | |
| the test of administrative workability is laid down.. | |
| Obiter on capriciousness.. | |
| The Act designed to stop people giving to the church on their deathbeds - 1736-1888 | |
| Charitable attempt for trust of employees - fails - cannot be connected by personal nexus | |
| Poor employees for a company... OK - poor relations is old and allowed | |
| Trust to set up the NHS - there is now an NHS - but when the chap wrote the will it was a political end. | |
| A trust set up by the FA - PE is a key part of education - fine | |
| Warden of Wilton Park which hosts conferences for European Cooperation - a specific project - an educational purpose trust - public benefit - valid gift | |
| Will to the 'sisters of charity' - trust may be charitable though not confined to the poor though it may not exclude them - relief of sick is legitimate - doesn't matter what else | |
| Testator left money to town council for sports use - Charitable - Scots | |
| Col Tatham Steals a ring - nemo dat quod non habet | |
| Father fails to give a cheque to his son | |
| Man who judges do not like buys boat with mistress | |
| Aunt gives shares to her nephew - equitable interest transferred before legal ownership says one judge - inequitable not to allow | |
| He did everything he could to transfer the shares... it's valid though registration is pending. | |
| This personal representative did not do everything he could to transfer property so it fails. | |
| cy pres now - a gift to an uincorporated and incorporated body.. both dead before testator died - uincorporated = gift to charitable purposes which still existed... incorporated gi | |
| 'Mrs Bayley's charity rotherhithe' - widow charity had since been subsumed into a general scheme - funds held for the benefit of poor in the area - gift goes to consolidated charit | |
| Gift to a seminary that was closed was too narrow for cy pres - not charitable purpose - failed | |
| gift to Royal College of Surgeons on faith-tested means - RCS rejected the faith bit - court said general charitable intention ok | |
| cy-pres used to remove the colour bar on a youth hostel - though not completely impracticable to carry on the charity as it was - cy pres ensures that the charity continues - 'fall | |
| nuns need to go out into the community to be charitable | |
| if all the beneficiaries of a trust are sui juris adults they can close the trust and distribute the capital | |
| Gold bars need to be marked - certainty of subject | |
| The Rule Against Perpetuities does apply to charitable trusts with the limited exception of the rule in... | |
Famous Foursomes
'A' Game
Common Passwords
