Thread: Trust law case-law crib sheet

| Case | Issue_ | _Proposition_ | | AirJamaicaVCharlton1999 | Whether surplus funds of unincorporated association should be returned to the contributors on dissolution of the association | Yes, so long as they are readily ascertainable and the restitution scheme workable (but this decision may be out of line with Westdeutsche) | | BaldryVFeintuck1972 | Whether student union could be a CharitableTrust | Yes, so long as it did not allow its activities to stray into politics | | BannisterVBannister1949 | Whether absence of writing defeated claim that occupier was entitled to live in a house she had conveyed to a relative | No, because a constructive trust arose in her favour, to which s.53(1)(b) does not apply | | BarclaysBankVQuistclose1970 | Whether money loaned for a specific purpose should be repaid to the lender on the event of the recipient's insolvency | Yes, if it the loan was held separately and expressly intended to be used for a particular purpose, it would be deemed to be held on trust for the lender | | BlackwellVBlackwell1929 | Whether HalfSecretTrust was enforceable by the beneficiaries | In this case, no -- the trust terms were not communicated to the intended trustee before the will was executed | | BlairVDuncan1901 | Whether trust for ``public or charitable purpose'' a CharitableTrust | No -- not all public purposes will be charitable | | BoyceVBoyce1849 | Whether trust of three houses out of a possible four was valid | No -- the allocation of beneficial interest was uncertain (see CertaintyOfSubjectMatter) | | BurtonVFXMusic19999 | | A ChoseInAction can be trust property | | ChichesterDiocesanFundVSimpson1944 | | A trust for `charitable or benevolent purposes' is not a charity, because its purposes are not exclusively charitable | | ConservativeCentralOfficeVBurrell1982 | | An unincorporated association is a group of individuals bound by mutual obligations to a common purpose | | DingleVTurner1972 | Whether trust to benefit ``poor employees'' was a CharitableTrust | Yes, as the test for `public benefit' is not strictly applied to a TrustForTheReliefOfPoverty | | DyerVDyer1788 | Whether a person acquires a beneficial interest in land by virtue of contributing to its purchase | Yes -- such a contribution would raise a ResultingTrust | | FletcherVFletcher1884 | Whether failed trust of property could be construed as a fully constituted trust of the right to the property | Yes -- the settlor's covenant to constitute the trust created a trust of a ChoseInAction, the benefit of which was to have the trust constituted (but see ReCook1965) | | ICLRVAttorneyGeneral1971 | Whether law reporting was a valid charitable object | Yes, on the basis that it was for the advancement of education (and some suggestion that any benefit to the general public was charitable) | | IRCVBroadwayCottagesTrust1955 | Whether there was CertaintyOfObjects to create a valid trust | No -- it must be possible to enumerate the potential beneficiaries (but see McPhailVDoulton1971) | | IRCVEducationalGrantsLtd1976 | Whether educational trust which, in practice, benefited primarily children of company directors was charitable | No -- the fact that the trust had a potential public benefit was of no help if the benefit, in practice, fell to the benefactor | | IRCVGuild | | The test for charitable status under the RecreationalCharitiesAct1958 is that the provision improves the conditions of life of the beneficiaries, whether or not they are disadvantaged | | Knight v Knight | | Defines the ThreeCertainties for creation of an express trust | | JonesVLock1865 | Whether putting cheque in the hands of an infant amounted to a gift or a trust | In this case, neither; it must be clear whether the settlor intended to make a gift or declare a trust | | MauriceVBishopOfDurham1805 | Whether trust for ``charitable or benevolent purposes was a CharitableTrust | No -- not all benevolent purposes are charitable | | McGovernVAG1982 | Whether a human rights organization could have charitable status | In this case, no -- the organization also had political objectives | | McPhailVDoulton1971 | Whether there was certainty of objects to create a valid trust | Yes, if there was a test that could distinguish beneficiaries from non-beneficiaries | | MilroyVLord1862 | Whether a failed gift could be interpreted as the creation of a trust | The court will not rescue a failed gift by treating it as a trust -- it must be clear whether the settlor intended a gift or a trust (but see ReRose1952) | | NationalAntiVivisectionSocietyVIRC1948 | Whether trust to educate public of the evils of animal experimentation was a CharitableTrust | Not in this case -- the organization's objectives were not those which the public, on balance, would find beneficial | | NevilleVWilson1997 | Whether oral contract to assign equitable interest in company shares was valid | Yes, in this case -- LPA1925 s.53(1)(c) does not apply to a constructive trust, and the oral assignment created such a trust | | OppenheimVTobaccoSecuritiesTrustCo1951 | Whether a trust to provide education to employees was a CharitableTrust | In this case, no -- being limited to employees there was no `public benefit' | | OttawayVNorman1972 | | Oral instructions capable of creating a valid secret trust (even of land) | | OughtredVIRC1960 | Whether oral contract to assign equitable interest in company shares was valid | Yes, in this case -- LPA1925 s.53(1)(c) does not apply to a constructive trust, and the oral assignment created such a trust, but stamp duty was payable on the confirmatory document all the same | | PalmerVSimmonds1854 | Whether `bulk of my residuary estate' could amount to trust property | No, there must be certainty in the property that is to constitute the trust (see CertaintyOfSubjectMatter) | | PaulVConstance1976 | Whether trust created over joint bank account | The settlor need not specifically state that he is creating a trust, words to that effect and conduct will suffice | | PemselsCase1891 | | This case the four categories of charitable purpose: relief of poverty, etc. | | PullanVKoe1913 | When trust was deemed to be consitituted by enforcement of a covenant to settle | At the moment the trust property became available to the settled, despite legal title not having been transferred | | ReAbbott1900 | Whether surplus of non-charitable benevolent fund should be returned to contributors | Yes -- a ResultingTrust was imposed on the legal owners of the fund | | ReAstor1952 | Whether trust for the promotion of journalism, etc., was valid | No -- this purpose was not charitable and not recognized as an anomalous valid PrivatePurposeTrust | | ReBarlow1979 | Whether a testamentory gift to ``friends of mine'' failed for uncertainty | No; it was possible to say of at least some people whether they were friends of the testatrix, even lacking a precise definition of `friend' | | ReBrooksSettlementTrust1939 | Whether transfer of property to a person with a covenant to settle automatically constitutes the trust for the beneficiaries of the covenant if the trustees in both transactions are the same| No -- the trustees are the same person, but in different roles | | ReEllenborough1903 | Whether trust of property expected to be inherited was properly constituted | No -- FutureProperty cannot be the subject matter of a trust | | ReCavendishBrown1916 | | Covenantee of covenant to settle can sue on the covenant (although it is not clear whether successful suit would constitute the trust). This decision appears not to have been followed in Re Kay | | ReCook1965 || Principle of Fletcher should be restricted to covenants that give rise to a debt of money | | ReEndacott1960 | Whether a private purpose trust was valid | Although the law recongizes certain anomalous exceptions to the BeneficiaryPrinciple, the class of exceptions is now closed | | ReGardnerNo21923 | Whether estate of beneficiary of half-secret trust takes if the beneficiary predeceases the testator | Yes, in spite of the normal probate rules, because the trust takes effect outside the will | | ReGillinghamBusDisasterFund1958 | Whether surplus funds raised for non-charitable benevolent purpose should be returned to the contributors on completion of the purpose | Yes -- the surplus would be held on ResultingTrust (but see West Sussex and Westdeutsche_) | | ReGrant1980 | | Re Denley probably cannot apply where the `trustee' is expressed to be an unincorporated association (but the gift failed anyway because the association could not dissolve, so the rule against perpetuities was broken) | | ReGroveGrady1929 | Whether trust for animal welfware was a CharitableTrust | In this case: no, although in general animal welfare is now recognized as a charitable objective. But there must be some benefit to humans, rather than none at all | | ReGulbenkiansSettlements1970 | Whether a power of appointment valid when complete lists of beneficiaries unknown | Yes, in this case, because it was possible to distinguish beneficiaries from non-beneficiaries | | ReKay1939 | Whether CovenantToSettle can be enforced at common law by trustee, of his own volition | No, because of a dubious analogy with Re Pryce | | ReKayford1975 | Whether money paid by customers to company created a trust in favour of the customer | In this case, yes; the money was held in separate accounts and there was clear intention to deal with it aside from the company's funds | | ReKeen1937 | | Terms of fully-secret trust can be communicated at any time up until death of testator | | ReLipinski1977 | Property conveyed on trust for an unicorporated associated may be deemed to be on trust for its members for the time being, and therefore not infringe the RuleAgainstPerpetuities | | ReLondonWine1975 | Whether trust of a number wine bottles was valid | No -- the subject matter was uncertain; the trust bottles should have been segregated from the settlor's stock | | ReManisty1973 | | Power of appointment can be void for capriciousness | | ReNiyazi1978 | Whether trust to provide working men's hostel in Cyprus was charitable on the basis of `relief of poverty' | In this case yes, although it was stated to be a borderline case | | ReOsaba1979 | Whether surplus in non-charitable trust should be assigned to beneficiary on completion of trust purpose | Yes, so long as the intention of the settlor can be construed this way | | ReParadiseMotorCo1968 || Disclaimer of an equitable interest does not amount to a `disposition' for the purposes of s.53(1)(c)| | RePlumptresMarriageSettlement1910 | Whether CovenantToSettle enforceable by next of kin of beneficiary | No -- as there had been no beneficiaries with standing to enforce the covenant, and the next of kin were volunteers (but see PullanVKoe1913)| | ReRees1950 | Whether solicitor who drafted will creating a HalfSecretTrust could be a beneficiary under the trust | No, because this would contradict the express intention of the will, which was to create a trust of the entire estate | | ReRose1952 | Wether trust of shares created despite legal formalities not completed | Yes, despite MilroyVLord1862, if the settlor has done everything he needs to effect the transfer | | RePryce1917 | Whether CovenantToSettle can be enforced at common law by trustee under direction from volunteer beneficiaries | No, because this would allow the beneficiaries to get an action through the trustees that they would not be entitled to in their own right | | ReShaw1957 | Whether trust to research a 40-letter alphabet was a CharitableTrust | No, it's education benefit was not clear | | ReSnowden1979 | The burden and standard of proof in claims that a secret trust existed | The person who wishes to assert the existence of the trust has the burden of proof, on the balance of probabilities | | ReSouthPlaceEthicalSociety1980 | Whether ethical humanism was a `religion' for the purposes of establishing a CharitableTrust | No -- religion requires some kind of belief in a supreme being. However, this test is not always strictly applied | | ReRallisWillTrust1964 | Whether trust can be constituted by FortuitousVesting | Yes, but this trust would have been enforceable at the suit of the beneficiaries; remarks that fortuitous vesting alone can constitute a trust were obiter_| | ReStead1900 | Whether all trustees of a SecretTrust are bound, if the terms are not communicated to all of them | If the terms of the trust are communicated before the will is executed, all are bound. Otherwise trustees without communication are not bound | | ReTuck1978 | Whether CertaintyOfObjects in a will could be ensured by delegating a decision on Jewishness to the Chief rabbi | Yes, but the judgements do not entirely support the view that `Chief Rabbi clauses' are acceptable | | ReWestSussexConstabularyWidowsFund1971 | Whether contributors to benevolent fund entitled to refund of surplus money | Only where contributors had made specific legacies and could be readily identified | | RVDistrictAuditorsExWestYorksCC1986 | | `Administrative unworkability' depends only on the size of the class, not capriciousness | | RochefoucaultVBoustead1897 | Whether fraudulently-induced declaration of trust can be enforced, despite not complying with formality requirements | In this case, yes -- a statute enacted to prevent fraud cannot be used to perpetrate a fraud| | SinclairVBrougham1914 | Whether ResultingTrust arose in favour of a claimant who had paid money under a void contract | Yes, where it was necessary to give a just outcome (but not followed by HL in Westdeutsche) | | TimpsonsExecutorsVYerbury1935 | Whether instruction to bank amounted to a `disposition' of an equitable interest | Disposition can be (i) direct assignment, (ii) direction to trustees, (iii) contract to assign, (iv) self-declaration of sub-trust | | TitoVWaddellNo.21977 | Whether fiduciary responsibility imposed on the Crown by the term `put in trust' in legislation | The term `held in trust' in legislation is not conclusive that a trust, in the strict sense, was intended | | WestdeutscheVIslington1996 | Whether ResultingTrust arose in favour of claimant who had paid money under a void contract | No -- the basis of a trust was conscience. A trust could not be imposed on the recipient unless he knew that a trust obligation was intended by the donor | | WilliamsTrusteesVIRC1947 | | Trust not charitable if the benefit applies to a `class within a class; whether purpose beneficial to the community is charitable is determined from analogy with the preamble to the 1601 Act | | ReYoung1951 | Whether witness to will could be a beneficiary of a half-secret trust constituted by the will | Yes, despite the normal rules of probate, because the trust takes effect `outside' the will |

I just found this crib sheet, Mike. Thanks so much! It'll help me with my memorizing and knowing what cases to look up for all information about trusts. I have some family who think that just because I'm studying law, I should be able to help them with it. :( This will at least give me a place to start from.

This was one of the Kevin Boone files!