tag:blogger.com,1999:blog-4459067135453752649.post3989520519946741162..comments2024-01-19T01:29:58.603-08:00Comments on OLATUNDE'S LAW NOTES: EQUITY & TRUSTS LAWThe Law Student Reporthttp://www.blogger.com/profile/02062415146913396207noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-4459067135453752649.post-24494459882416135872024-01-19T01:29:58.603-08:002024-01-19T01:29:58.603-08:00Thanks for informative post.
SettlorThanks for informative post.<br /><a href="https://settlor.com/" rel="nofollow">Settlor </a>Settlor https://www.blogger.com/profile/08917630695786978481noreply@blogger.comtag:blogger.com,1999:blog-4459067135453752649.post-6096862427999241202014-11-12T19:56:56.597-08:002014-11-12T19:56:56.597-08:00It is so good to see something very interesting in...<br />It is so good to see something very interesting in your site that I can't stop on reading. This is so good article ever. Thank you for sharing and for inspiring your readers. Have a good day always!<br /><br /><a href="http://www.n8fan.net" rel="nofollow">wendy</a><br /><br />www.n8fan.netjoyhttps://www.blogger.com/profile/11492270417028076380noreply@blogger.comtag:blogger.com,1999:blog-4459067135453752649.post-72326093890447460022013-02-25T23:07:23.886-08:002013-02-25T23:07:23.886-08:00Dude.. I am not much into reading, but somehow I g...Dude.. 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Do you have any more info on this?<br /><a href="http://articru.com/2013/health-fitness/medicine/how-to-take-the-male-enhancement-pills/" rel="nofollow"> erectz enhancement</a>Robert Siberthttps://www.blogger.com/profile/05789197311226137308noreply@blogger.comtag:blogger.com,1999:blog-4459067135453752649.post-53122938020742572672011-11-18T09:24:22.704-08:002011-11-18T09:24:22.704-08:00There is a confusion about how to clearly explain ...There is a confusion about how to clearly explain the meaning of a trust. The initial point should be the Express trust, where s52LPA & s53LPA apply. If the trust is not identified as an Express trust than equity(Implied trusts and Proprietary Estoppel)should be involved.So let's go with an Express trust.<br />1-The general rule(Knight v Knight)is about the exitence of the 3 Certainties(Intention, Subject Matter and object)<br /> -For a gift to be valid, 2 certainties are required(Subject Matter & Object), because there is no legal obligation(Re Diggle's case where there was no intention), it is just a moral obligation which can depend on the trustee's discretion.<br />2-The Subject matter should be clearly identified.Furthermore,the subject matter should be separated from the property if there is a tangible distinction of the shares(Re London Wine Ltd's case and Re Goldcorp Exchange's case).But if the shares are identical, the clarity should be made based on Hunter v Moss(no need of separation).Eventually, for a trust to be valid, the settlor should specify clearly the Subject Matter in avoiding to grant a beneficiary is share, subject to the possession of another beneficiaty(Boyce v Boyce, held void).<br />2-The biggest issue is about the certainty of object for the fact that it is one of the problem in our society. in Fixed trusts, the method used to identify the Object is the "Complete List test"(Commission v Broadway Cottages)but when dealing with a discretionary trust, the identification of the beneficiaries is based on the "is or is not Test"(Re Baden's Deed Trusts, where the words dependants,and relatives were identified in the scope of certainty).The general rule of Certainty of Object is clearly explained in Morice v Bishop, where the law states that a trust should be enforced by a beneficiary.Otherwise, it should be void. However, the exceptions to that rule can arise when dealing with the Maintenance of animals(Pettingal v Pettingal), maintenance of tombs(Re Hooper's case)and trust with charitable purpose(Funnel v Stewart).Furthermore, a gift made to an uncorporated association(such as a social or sport club)is subject to fail(Not a valid gift), because it has not a charitable purpose,it has not a legal body and it opposes the perpetuity rule(Leahy v AG and Neville v Madden).Meaning, in this particular case, the gift should be made to an ascertainable beneficiary,with a charitable purpose, no perpetuity(s15Perpetuities & Accumulations Act1964) should be involved(Re Denley's case)and cannot be capricious.For the members of a club to make a legal claim of a gift, they should provide an evidence of the rules of the association stating that they are recognised as joint tenants(Re Lipinski's WT). Meaning, if it is not approved by the body(Uncorporated Association)it will be seen as not forming a gift(Re Grant's WT). What is a charity?-s1 Charities Act 2006. Meaning, for an association to be identified as having a charitable purpose it should comply with any list of the charitable purposes cited under s2 4b of the Charities Act2006(Funnell v Stewart).<br />If equity is involved, meaning the express trust is void, the can provide remedy based on resulting trusts or constructive trust or proprietary Estoppel...Contact Docteur JB Monsese Email:jb_nba@yahoo.com contact available in Facebook. Thank you!JB Monsesehttps://www.blogger.com/profile/05324784570127960702noreply@blogger.com