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"It is with good reason that equity requires the three certainties are demonstrated and all relevant formalities completed before an express trust will be constituted. The courts have been too willing in some cases to disregard these formalities in order
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Charitable Trust
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consider whether the test for certainty of objects applicable to fixed and discretionary trust is reliable
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EQUITY & TRUST
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Explain the principles relating to certainty of subject matter and critically evaluate the decision in Hunter v Moss.
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In his will, Colin leaves £100,000 to the Hillingbridge Tennis Club, an unincorporated association, to enable it to build an extension to its existing pavilion. The money is paid to Morris, the treasurer of the club, who puts it into a specially opened ba
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Retention of Title Clauses
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'Re Baden's Deed Trusts (No.2) [1973] Ch. 9'
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'The recognised exceptions are so limited, and the effects of the Contracts Act 1999 are so minimal, that the traditional rule that Equity will not assist a volunteer remains virtually intact - is this statement an accurate assessment of the law regarding
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A trust imposes one of the most powerful forms of obligation in English law.
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Alfonso's will contains, inter alia, various dispositions which are capable of resulting in various equitable concepts such as Gifts, Power of Appointments or more importantly Trusts.
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Ascertain whether George has a right to the cottage, copyright, shares and money
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Certainty of Objects and Beneficiary Principle.
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Charitable trusts, what gives them charitable status?
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Co ownership advice
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Compare the private trust, the trust of imperfect obligation and the charitable trust. What policy ends does the law aim to achieve by it’s different treatment of each of these trusts?
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Consider whether each of the following bequests in the will of Caesar, who has just died, may take effect as a trust for charitable purposes, or, if not, as a non-charitable purpose trust.
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Critically evaluate the role of the courts in ensuring that trusts are administered in the best interests of the beneficiaries - To what extent has the balance shifted since the enactment of the Trustee Act 2000?
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Disposing of Property on Death
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Distinguishing whether a trust is Charitable or for a Non-Charitable purpose will depend on the nature of the trust.
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EQUITY AND TRUSTS
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ExceptionTo the Rule That Equity Does Not Assist a Volunteer.
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How important is the beneficiary principle in contemporary trust law
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Is there a contradiction between the duty of a trustee to act personally in the exercise of discretion and the power of trustee to delegate? In what circumstances should a trustee be held liable where the delegates harm the trust?
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Knight v. Knight (1840).
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