Trust law case-law crib sheet

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Air jamaica vcharlton 1999

Whether surplus funds of unincorporated association should be returned to the contributors on dissolution of the associationYes, so long as they are readily ascertainable and the restitution scheme workable (but this decision may be out of line with Westdeutsche)=

Baldry vfeintuck (1972)

Whether student union could be a[[charitable trust=

Yes, so long as it did not allow its activities to stray into politics|[[bannister vbannister 1949=

Whether absence of writing defeated claim that occupier was entitled to live in a house she had conveyed to a relativeNo, because a Constructive Trust arose in her favour, to which s.53(1)(b) does not apply|[[barclays bank vquistclose (1970)=

Whether money loaned for a specific purpose should be repaid to the lender on the event of the recipient's insolvencyYes, 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|[[blackwell vblackwell 1929=

Whether HalfSecretTrust was enforceable by the beneficiariesIn this case, no -- the trust terms were not communicated to the intended trustee before the will was executed=

Blair vduncan 1901

Whether trust for public or charitable purpose a[[charitable trust=

No -- not all public purposes will be charitable=

Boyce vboyce 1849

Whether trust of three houses out of a possible four was validNo -- the allocation of beneficial interest was uncertain (see certainty of subject matter)=

Burton vfxmusic 19999

Achose in action can be trust property

Chichester diocesan fund vsimpson 1944

A trust for 'charitable or benevolent purposes' is not a charity, because its purposes are not exclusively charitable=

Conservative central office vburrell 1982

An unincorporated association is a group of individuals bound by mutual obligations to a common purpose|[[dingle vturner (1972)=

Whether trust to benefit poor employees was a CharitableTrustYes, as the test for 'public benefit' is not strictly applied to a TrustForTheReliefOfPoverty|[[dyer vdyer 1788=

Whether a person acquires a beneficial interest in land by virtue of contributing to its purchaseYes -- such a contribution would raise a ResultingTrust=

Fletcher vfletcher 1884

Whether failed trust of property could be construed as a fully constituted trust of the right to the propertyYes -- the settlor's covenant to constitute the trust created a trust of achose in action, the benefit of which was to have the trust constituted (but see ReCook1965)=

Iclrvattorney general (1971)

Whether law reporting was a valid charitable objectYes, on the basis that it was for the advancement of education (and some suggestion that any benefit to the general public was charitable)=

Ircvbroadway cottages trust 1955

Whether there was certainty of objects to create a valid trustNo -- it must be possible to enumerate the potential beneficiaries (but see McPhailVDoulton1971)=

Ircveducational grants ltd 1976

Whether educational trust which, in practice, benefited primarily children of company directors was charitableNo -- the fact that the trust had a potential public benefit was of no help if the benefit, in practice, fell to the benefactor=


The test for charitable status under the recreational charities act (1958) is that the provision improves the conditions of life of the beneficiaries, whether or not they are disadvantaged=

Knight v Knight

Defines the three certainties for creation of an express trust=

Jones vlock 1865

Whether putting cheque in the hands of an infant amounted to a gift or a trustIn this case, neither; it must be clear whether the settlor intended to make a gift or declare a trust=

Maurice vbishop of durham 1805

Whether trust for charitable or benevolent purposes was a[[charitable trust=

No -- not all benevolent purposes are charitable=

Mc govern vag1982

Whether a human rights organization could have charitable statusIn this case, no -- the organization also had political objectives=

Mc phail vdoulton (1971)

Whether there was certainty of objects to create a valid trustYes, if there was a test that could distinguish beneficiaries from non-beneficiaries=

Milroy vlord 1862

Whether a failed gift could be interpreted as the creation of a trustThe 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 re rose (1952))|[[national anti vivisection society virc1948=

Whether trust to educate public of the evils of animal experimentation was a CharitableTrustNot in this case -- the organization's objectives were not those which the public, on balance, would find beneficial=

Neville vwilson 1997

Whether oral contract to assign equitable interest in company shares was validYes, in this case -- Lpa (1925) s.53(1)(c) does not apply to a Constructive Trust, and the oral assignment created such a trust|[[oppenheim vtobacco securities trust co 1951=

Whether a trust to provide education to employees was a CharitableTrustIn this case, no -- being limited to employees there was no 'public benefit'=

Ottaway vnorman (1972)

Oral instructions capable of creating a valid secret trust (even of land)=

Oughtred virc(1960)

Whether oral contract to assign equitable interest in company shares was validYes, in this case -- Lpa (1925) 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=

Palmer vsimmonds 1854

Whether 'bulk of my residuary estate' could amount to trust propertyNo, there must be certainty in the property that is to constitute the trust (see certainty of subject matter)=

Paul vconstance 1976

Whether trust created over joint bank accountThe settlor need not specifically state that he is creating a trust, words to that effect and conduct will suffice|[[pemsels case 1891=

This case the four categories of charitable purpose: relief of poverty, etc.=

Pullan vkoe 1913

When trust was deemed to be consitituted by enforcement of a covenant to settleAt the moment the trust property became available to the settled, despite legal title not having been transferred|[[re abbott 1900=

Whether surplus of non-charitable benevolent fund should be returned to contributorsYes -- a ResultingTrust was imposed on the legal owners of the fund|[[re astor 1952=

Whether trust for the promotion of journalism, etc., was validNo -- this purpose was not charitable and not recognized as an anomalous valid PrivatePurposeTrust=

Re barlow 1979

Whether a testamentory gift to friends of mine failed for uncertaintyNo; it was possible to say of at least some people whether they were friends of the testatrix, even lacking a precise definition of 'friend'=

Re brooks settlement trust 1939

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=

Re ellenborough 1903

Whether trust of property expected to be inherited was properly constitutedNo --future property cannot be the subject matter of a trust=

Re cavendish brown 1916

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=

Re cook 1965]] |

Principle of Fletcher should be restricted to covenants that give rise to a debt of money|[[re endacott (1960)=

Whether a private purpose trust was validAlthough the law recongizes certain anomalous exceptions to the BeneficiaryPrinciple, the class of exceptions is now closed=

Re gardner no 21923

Whether estate of beneficiary of half-secret trust takes if the beneficiary predeceases the testatorYes, in spite of the normal probate rules, because the trust takes effect outside the will|[[re gillingham bus disaster fund 1958=

Whether surplus funds raised for non-charitable benevolent purpose should be returned to the contributors on completion of the purposeYes -- the surplus would be held on ResultingTrust (but see West Sussex and Westdeutsche_)=

Re grant 1980

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)=

Re grove grady 1929

Whether trust for animal welfware was a[[charitable trust=

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=

Re gulbenkians settlements (1970)

Whether a power of appointment valid when complete lists of beneficiaries unknownYes, in this case, because it was possible to distinguish beneficiaries from non-beneficiaries=

Re kay 1939

Whethercovenant to settle can be enforced at common law by trustee, of his own volitionNo, because of a dubious analogy with Re Pryce=

Re kayford 1975

Whether money paid by customers to company created a trust in favour of the customerIn 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=

Re keen 1937

Terms of fully-secret trust can be communicated at any time up until death of testator=

Re lipinski 1977

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 [[rule against perpetuities=

[[Re london wine 1975

Whether trust of a number wine bottles was validNo -- the subject matter was uncertain; the trust bottles should have been segregated from the settlor's stock=

Re manisty 1973

Power of appointment can be void for capriciousness=

Re niyazi 1978

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=

Re osaba 1979

Whether surplus in non-charitable trust should be assigned to beneficiary on completion of trust purposeYes, so long as the intention of the settlor can be construed this way|re paradise motor co (1968) |=

Disclaimer of an equitable interest does not amount to a 'disposition' for the purposes of s.53(1)(c)|[[Re plumptres marriage settlement 1910=

Whethercovenant to settle enforceable by next of kin of beneficiaryNo -- as there had been no beneficiaries with standing to enforce the covenant, and the next of kin were volunteers (but see PullanVKoe1913)|[[Re rees 1950=

Whether solicitor who drafted will creating ahalf secret trust could be a beneficiary under the trustNo, because this would contradict the express intention of the will, which was to create a trust of the entire estate=

Re rose 1952

Wether trust of shares created despite legal formalities not completedYes, despite milroy v lord (1862), if the settlor has done everything he needs to effect the transfer=

Re pryce 1917

Whethercovenant to settle can be enforced at common law by trustee under direction from volunteer beneficiariesNo, because this would allow the beneficiaries to get an action through the trustees that they would not be entitled to in their own right|[[re shaw 1957=

Whether trust to research a 40-letter alphabet was a CharitableTrustNo, it's education benefit was not clear|[[re snowden 1979=

The burden and standard of proof in claims that a secret trust existedThe person who wishes to assert the existence of the trust has the burden of proof, on the balance of probabilities=

Re south place ethical society 1980

Whether ethical humanism was a 'religion' for the purposes of establishing a[[charitable trust=

No -- religion requires some kind of belief in a supreme being. However, this test is not always strictly applied=

Re rallis will trust 1964

Whether trust can be constituted by [[fortuitous vesting=

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_|[[Re stead 1900=

Whether all trustees of asecret trust are bound, if the terms are not communicated to all of themIf the terms of the trust are communicated before the will is executed, all are bound. Otherwise trustees without communication are not bound=

Re tuck 1978

Whethercertainty of objects in a will could be ensured by delegating a decision on Jewishness to the Chief rabbiYes, but the judgements do not entirely support the view that 'Chief Rabbi clauses' are acceptable|[[re west sussex constabulary widows fund (1971)=

Whether contributors to benevolent fund entitled to refund of surplus moneyOnly where contributors had made specific legacies and could be readily identified=

R v district auditors ex west yorks cc1986

'Administrative unworkability' depends only on the size of the class, not capriciousness=

Rochefoucault vboustead 1897

Whether fraudulently-induced declaration of trust can be enforced, despite not complying with formality requirementsIn this case, yes -- a statute enacted to prevent fraud cannot be used to perpetrate a fraud|[[Sinclair vbrougham 1914=

Whetherresulting trust arose in favour of a claimant who had paid money under a void contractYes, where it was necessary to give a just outcome (but not followed by HL in Westdeutsche)=

Timpsons executors vyerbury 1935

Whether instruction to bank amounted to a 'disposition' of an equitable interestDisposition can be (i) direct assignment, (ii) direction to trustees, (iii) contract to assign, (iv) self-declaration of sub-trust=

Tito vwaddell no.21977

Whether fiduciary responsibility imposed on the Crown by the term 'put in trust' in legislationThe term 'held in trust' in legislation is not conclusive that a trust, in the strict sense, was intended|

westdeutsche vislington 1996

Whether ResultingTrust arose in favour of claimant who had paid money under a void contractNo -- 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=

Williams trustees virc1947

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=

Re young 1951

Whether witness to will could be a beneficiary of a half-secret trust constituted by the willYes, despite the normal rules of probate, because the trust takes effect 'outside' the will |