All posts in CONSTITUTIONAL LAW

4 Constitution of an express trust AIMS AND OBJECTIVES By the end of this chapter you should be able to: ■ identify the essential tests in Milroy v Lord for the constitution of an express trust ■ appreciate that the law in this chapter involves gifts and the creation of . . . Read more

3 The ‘three certainties’ test AIMS AND OBJECTIVES By the end of this chapter you should be able to: ■ appreciate the distinctions between trusts and powers of appointment ■ understand the three certainties test and appreciate its significance in the creation of an express trust ■ comprehend, define and . . . Read more

9 Constructive trusts II – the family home AIMS AND OBJECTIVES By the end of this chapter you should be able to: ■ appreciate the inadequacy of the presumptions of resulting trusts and advancements in order to ascertain the interests of parties in the family home ■ understand the relevant . . . Read more

10 Secret trusts and mutual wills AIMS AND OBJECTIVES By the end of this chapter you should be able to: ■ identify and distinguish between the two types of secret trust ■ understand the theoretical justification for enforcing secret trusts ■ comprehend the requirements for the creation of fully and . . . Read more

17 Equitable remedies of injunctions and specific performance AIMS AND OBJECTIVES By the end of this chapter you should be able to: ■ understand the original policy that led to the introduction of the various equitable remedies ■ appreciate a number features which underlie the granting of equitable remedies ■ . . . Read more

15 Variation of trusts AIMS AND OBJECTIVES By the end of this chapter you should be able to: ■ appreciate the rule in Saunders v Vautier ■ understand the various methods of varying the management powers of trustees ■ list the various methods of varying beneficial interests prior to the . . . Read more

11 Private purpose trusts AIMS AND OBJECTIVES By the end of this chapter you should be able to: ■ understand the rationale behind the general rule of non-enforceability of private purpose trusts ■ comprehend the rule against perpetuities ■ recognise the exceptions to the Astor principle ■ define the Denley . . . Read more

14 Duties and powers of trustees AIMS AND OBJECTIVES By the end of this chapter you should be able to: ■ identify the trustees’ fiduciary duties including the duty to avoid making profits from the trust ■ define the standard of care imposed on trustees in the execution of their . . . Read more

5 Formalities for the creation of express trusts AIMS AND OBJECTIVES By the end of this chapter you should be able to: ■ ascertain the rationale governing the statutory formalities referred to in this chapter ■ recognise when the formalities are relevant in a problem question ■ analyse and apply . . . Read more

6 Discretionary trusts AIMS AND OBJECTIVES By the end of this chapter you should be able to: ■ define a discretionary trust, distinguish it from a fixed trust and classify discretionary trusts ■ contrast a discretionary trust with a power of appointment ■ list the duties imposed on fiduciaries ■ . . . Read more