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Where Bs can end the trust by demanding Ts transfer the legal title
Chattels can be transferred by deed
If the appropriate method is not used for transfer, the gift is imperfect
3 ways of benefiting another
Every effort test
After a certain stage, it becomes unconscionable to retract a gift
4 conditions for an imperfectly transferred gift to be made perfect in equity
If Settlor is one of the trustees, the trust is said to be perfectly constituted
3 certainties
Certainty of subject matter - must be items of equal value
Shares of same class and company are indistinguishable
Separate account - subject matter still certain
Effective determinant
Transfer of equitable interest must comply with s53(1)(c) LPA
No need for signed writing where both equitable and legal interest transferred
Complete list test - fixed trusts
Given postulant - discretionary trusts
Given postulant - power of appointment
Administrative unworkability does not cause a power to fail
Size of class to big = administratively unworkable
Capriciousness
General rule: beneficiary principle
Restrictions to the benefit of a charity must be proportionate
Poor relations admissible for charitable trust
No personal relationship restriction for charitable trusts
No employer restriction for charitable trust
Independent Schools not normally charitable
Exceptions to beneficiary principle
Pets an exception to beneficiary principle
Memorials an exception to beneficiary principle
Purpose trust directly for the benefit of individuals is an exception to B principle
Unincorporated definition
Legacies/gifts to members will not fail B principle
Gifts are an accretion of an association's funds
Gift to a club that benefits its members will not fail the B principle