Creating an express trust
- Created by: Molly Byrne
- Created on: 18-02-16 11:02
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- Creating an express trust
- Where the settlor givers property to a trustee
- Capacity
- Age
- A minor cannot create a trust
- Also cant own land - S1(6) Law of Prop Act 1925
- Mental capacity
- Mental Health Act 1985
- May not be able to create trust
- Re Beaney 1978
- Age
- Three Certainties
- Knight v Knight 1840
- 1. Intention
- Distinguish between Imperative and precatory language
- Cases include Lamb v Eames, Re Adams and Kensington Vestry
- Distinguish between Imperative and precatory language
- 2. Subject
- Need to be able to identify the property.
- Islington LBC 1996
- And need to be certain of beneficial interest
- Boyce v Boyce
- Need to be able to identify the property.
- 3. Object
- Need to pinpoint the beneficiary
- Molice v Bishop of Durham
- Different for discretionary
- Administrative unworkability
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