Deck 7: Constitution of a Trust

Question 1

Re Fry (1946) Ch 312 can be seen to be a move away from the traditional Milroy v Lord constitution of a trust test.

Answer 1

False

Question 2

What did Sen v Headley (1991) Ch 425 state about how the doctrine of donatio mortis causa interacts with the equitable maxims of equity not perfecting an imperfect gift and equity not assisting a volunteer?

Answer 2

No Answer.

Question 3

What is the rule in Strong v Bird?

Answer 3

No Answer.

Question 4

What are the three ways that a trust may be constituted or a gift perfected in an unconventional manner?

Question 5

Following Pennington v Waine, what are the two ways in which a trust may be constituted?

Question 6

In what case did the CA explicitly base the test for constitution of a trust on 'unconscionability'?

Question 7

In which case is it possible to detect the beginnings of equity's interventionalist approach to constitution of a trust - a new test based on 'conscience'?

Question 8

In which case did the court shift the test for when a trust is properly constituted to the 'everything necessary test'?

Question 9

What does constitution of a trust mean?

Question 10

Which of these equitable maxims underpin constitution of a trust?

A)equity will not perfect an imperfect gift.
B)equity looks as done that which ought to be done.
C)equity will not assist a volunteer.
D)equity follows the law.

Question 11

Equity will recognise an individual declaring themselves as trustee.

Question 12

The equitable maxim that equity will not perfect an imperfect gift applies to all trusts in the same way as making a straightforward gift.

Question 13

Constitution of a trust is an optional requirement in setting up a valid trust.

Question 14

The court will treat failed gifts as a declaration of trust.

Question 15

In Pennington v Waine equity intervened to perfect an imperfect gift?

Question 16

Which case is authority for the principle that equity will recognise a declaration by a business that it now holds property on trust even if that trust is declared informally?