... this requirement. In this question there appear to be questions regarding the validity of not only of full secret and half secret trusts but the validity of the will itself. Each disposition will be studied in turn beginning in reverse ...

... you carry out that duty. For example, a trustee has a duty to safeguard the trust property1. Anything done that conflicts with this duty will be a breach of the duty and therefore, a breach of trust. Trustees only have ...

... has been extended. Strict settlements of land will be gradually phased out due to TOLATA under section 2 which prevents the creation of new strict settlements. This is so, as strict settlement of land was originally created to keep land within ...

... the increase of knowledge, that is not in itself a charitable object unless it be combined with teaching or education.''1 Lord Wilberforce stated in Re Hopkins ''that the word 'education'...must be used in a wide sense, certainly extending beyond teaching, ...

... in Armour v Thyssen Edelstahlwerke AG1 and Aluminum Industrie Vaassen BV v Romalpa Aluminum Ltd.2 Relationship with the doctrine of equitable tracing Romalpa emphasised the importance of the doctrine of equitable tracing where retention of title clauses are concerned. Very often, ...

... lost cause and the best cause of action is to give up and in doing so suggest that some form of 'pure' discretion is the only way forward. The last alternative, to give up and suggest that the events are ...

... and the debate surrounding religious charities more generally. But before discussing the legal and policy implication of charitable status of religious organisation, first it is appropriate to address the benefits of charitable status. 2. Advantages of Charitable Status Much of ...

... of a trust shareholding in a company to be diminished by improper diversion or use of the relevant company's assets. The events that gave rise to this action were connected with efforts by Mr Walker and the Brent Walker Group ...

... McHugh J9 and Deane J10 held that ownership of the memorandum of transfer (Instrument of transfer(IT) in Queensland by virtue of s60 (1) LTA) needs to be given to the intended donee (Rowena) together with the authority to use the ...

... rights 1.24 Within the field of proprietary rights in land, English law still draws a fundamental distinction between legal and equitable rights. Historically this distinction was grounded on the fact that legal rights were enforceable only in the common law courts of ...

... and replaced by the Wills Act 1837 (as amended) and some of the previsions of the Statute of Frauds are reproduced under section 53(1) (c) of the Law of Property Acts 1925. My point here are principally concerned with the disposition ...

... v Cohen1 (1929) Judge Dixon pointed out the following, "where the equity is fastended upon the trustee not because he intended to become the fiduciary of property but because of the character of his dealings and in spite of his intention ...

... Proprietary Estoppel. Where a donee fails to provide consideration for a gift, he is usually referred to as a volunteer and cannot therefore acquire any proprietary rights in the gift in equity.2 For this reason if, (for whatever reason), the gift ...

... the presumptions or the actual intentions of the parties. The presumptions in these areas are said to be outmoded as they are based on old law which, if used, fails to consider the true intentions of the parties which would ...

... where purchaser (A) acquires real or personal property and transfer the property in the name of another, the transferee (B) is presumed to hold the property on trust for the purchaser. So, if A brought shares in the name of ...

... Brian Green QC, a member of the same stable, Wilberforce Chambers, as leading Counsel for the unsuccessful party in Abacus. Such an appeal has decided advantages over an appeal to the Court of Appeal: (1) there is no requirement of ...

... addition, in order for a trust to exist, it must be clear what exactly is intended to be distributed to each beneficiary. Here Andrea has indicated that she wishes Eustace to have the 'best part' of her collection of antique ...

... rise to the trust is the basic principle that the trustee holds the property on trust for another person and that the trustee has fiduciary obligations. The occupational pension trust is different to the usual trust situation in that the ...

... happen. Even though it is true that trustees have wide powers of investment, recent case law demonstrates that beneficiaries still have the need to claim under this ground of breach3. Proposal one also raises the issue as to what the ...

... not be created by the courts arbitrarily. He did understand the difficulties this presented, but again he seems to suggest he was bound by Re Ogden and unable to detract from the complete list test laid down in it. To ...

... not be created by the courts arbitrarily. He did understand the difficulties this presented, but again he seems to suggest he was bound by Re Ogden and unable to detract from the complete list test laid down in it. To ...

... corporation (henceforth trusts) is charitable at law it must fall within one of the four heads expressed by Lord McNaughton in Pemsel, anything else is non-charitable. The precedent, which interprets the repealed preamble to the Statute of Charitable Uses (1601), ...

... corporation (henceforth trusts) is charitable at law it must fall within one of the four heads expressed by Lord McNaughton in Pemsel, anything else is non-charitable. The precedent, which interprets the repealed preamble to the Statute of Charitable Uses (1601), ...

... stated as 'desperately near the border line.' One would need to establish if the young and unemployed are actually the needy. If the decision in Re Sanders is to be followed, the trust in dispute would not successfully meet the ...

... not necessarily assist in reducing poverty. The 2001 Charity Commission said that poverty concerns those who 'cannot afford the normal things in life that most people take for granted'. However, paying for the private is not a normal thing that ...