Home Page Icon
Home Page
Table of Contents for
List of Figures
Close
List of Figures
by Scott Atkins
Equity and Trusts
Cover
Half Title
Full Title
Copyright
Outline Contents
Contents
Preface
Table of Cases
Table of UK Legislation
Table of Statutory Instruments
Table of European and International Legislation
Guide to the Companion Website
List of Figures
1 Equity: Its Meaning, History and Maxims
‘Equity’ — What is it?
Our Civil Court System in the Twenty-First Century
History of Equity
Coming Full Circle — Back to the Twenty-First Century
Equity’s Guiding Principles — Its Maxims
Points to Review
Useful Things to Read
2 Classification of Trusts and Powers
The Trust
Definition
Where It All Began ...
Split Ownership
The Different Types of Trust
What Type of Property Can Be Left on Trust?
The Express Trust
Powers of Appointment
Points to Review
Useful Things to Read
3 Implied Trusts
The Background to Implied Trusts
Implied Trusts — A Definition
The Constructive Trust
Points to Review
Useful Things to Read
4 Trust Formation: Capacity and Formalities
The Fundamental Requirements Needed to Form an Express Trust
Trust Property
Capacity
Formalities
Formality Requirements on the Declaration of a Trust
Formality Requirements on the Disposition of an Equitable Interest
Points to Review
Useful Things to Read
5 Trust Formation: The Three Certainties
Formation of an Express Trust
The Three Certainties
Certainty of Intention
Certainty of Subject Matter
Certainty of Object
Fixed Trusts
Discretionary Trusts
Points to Review
Useful Things to Read
6 Trust Formation: The Beneficiary Principle
Definition of the Beneficiary Principle
Exceptions to the Beneficiary Principle
Summary
Points to Review
Useful Things to Read
7 Constitution of a Trust
Constituting the Trust and the Relationship with Creating a Trust
Constitution of a Trust
When is a Trust Completely Constituted?
How a Trust is Completely Constituted
Points to Review
Useful Things to Read
8 Trustees’ Appointment and Removal; Trustees’ Fiduciary Duties
Role of a Trustee
Appointment of Trustees
Termination of Trusteeship
Managing the Trust
The Trustee’s Fiduciary Duties
Points to Review
Useful Things to Read
9 Trustees’ Non-Fiduciary Duties and Powers
Fiduciary Duties, Non-Fiduciary Duties and Powers
Non-Fiduciary Duties
Trustees’ Powers
Duty of Care and Skill Required of a Trustee
Points to Review
Useful Things to Read
10 Variation of a Trust and Setting a Trust Aside
Variation of a Trust
Circumstances When a Trust Can Be Varied Today
Setting a Trust Aside
Points to Review
Useful Things to Read
11 Secret Trusts, Half-Secret Trusts and Mutual Wills
Secret Trusts and Half-Secret Trusts
Fully Secret Trusts
Half-Secret Trusts
Mutual Wills
Points to Review
Useful Things to Read
12 Remedies for Breach of Trust Against Trustees
Breach of Trust
Monetary Remedies Available for Breach of Trust
Exclusion of Liability for Breach of Trust
Defences and Mitigating Circumstances for Breach of Trust
Points to Review
Useful Things to Read
13 Tracing and Actions Against Strangers to the Trust
Tracing
Tracing v Following
Tracing at Common Law
Tracing in Equity
Actions Against Strangers to the Trust
Points to Review
Useful Things to Read
14 Trusts of the Family Home
The Typical Scenario
The Leading Case Today: Lloyds Bank v Rosset
Quantification of the Equitable Interest
Summary
Points to Review
Useful Things to Read
15 Charities
Background
Charity Administration
The Charity Commission
Definition of a Charity
First Requirement of Charitable Status: There Must Be a Charitable Purpose
Second Requirement of Charitable Status: There Must Be Public Benefit
Third Requirement of Charitable Status: The Objects Must Be Exclusively Charitable
Points to Review
Useful Things to Read
16 Cy-près
Definition of Cy-près
Exceptions to Cy-près
Cy-près and General Charitable Intention
Charities Act 2011, s 62
Charities Act 2011, s 63
Points to Review
Useful Things to Read
17 Equitable Remedies and Proprietary Estoppel
Equitable Remedies
Proprietary Estoppel
Points to Review
Useful Things to Read
Index
Search in book...
Toggle Font Controls
Playlists
Add To
Create new playlist
Name your new playlist
Playlist description (optional)
Cancel
Create playlist
Sign In
Email address
Password
Forgot Password?
Create account
Login
or
Continue with Facebook
Continue with Google
Sign Up
Full Name
Email address
Confirm Email Address
Password
Login
Create account
or
Continue with Facebook
Continue with Google
Prev
Previous Chapter
Guide to the Companion Website
Next
Next Chapter
1 Equity: Its Meaning, History and Maxims
List of Figures
1.1
The jurisdiction of the common law courts
2.1
How a trust is formed: the concept of split ownership
2.2
The (apocryphal?) crusader’s trust
2.3
The probable first trust
2.4
The family tree of trusts
2.5
The facts of Re Gulbenkian’s Settlement
3.1
Lord Browne-Wilkinson’s first resulting trust
3.2
The presumption of advancement
3.3
The Vandervell litigation
3.4
Regal (Hastings) Ltd v Gulliver
4.1
How a trust is formed: the concept of split ownership
4.2
The nature of ‘understanding’ a disposition of property
4.3
The difference between declaring an express trust and assigning an equitable interest
4.4
The beneficiary instructs the trustee to hold the trust property on trust for another
5.1
Knight v Knight family tree
5.2
OT Computers Ltdv First National Tricity Finance Ltd
5.3
Brazzill v Willoughby
5.4
Summary of different tests for discretionary trusts and powers
5.5
Table summary of the judgments in Re Baden’s Deed Trusts (No. 2)
5.6
Summary of certainty of object
6.1
Exceptions to the beneficiary principle
7.1
Gift or trust?
7.2
Summary of case law developments of when a trust wil l be completely constituted
7.3
Re Ralli’s Will Trusts
7.4
The rule in Strong v Bird
7.5
Lord Millet’s hypotheses on where the equitable interest in a Quistclose trust lay,
8.1
Setting up an express trust
8.2
How trustees can be appointed
8.3
How trusteeship can be terminated
8.4
Fiduciary duties, non-fiduciary duties and powers
9.1
Table of Fiduciary duties, non-fiduciary duties and powers
9.2
Table of Fiduciary duties, non-fiduciary duties and powers
10.1
The main methods of varying a trust
10.2
Comparison of ss 339 and 423 Insolvency Act 1986
11.1
The secret trust
11.2
Ottaway v Norman
12.1
Re Hastings-Bass
13.1
The steps in Agip (Africa) Ltd v Jackson
13.2
Tracing flowchart
13.3
Summary of the test for dishonesty in accessory liability cases.
14.1
The argument for a trust of the family home
14.2
Summary of trusts of the family home
15.1
The Charity Commission’s two main functions
15.2
Charitable purposes under s 3(1) of the Charities Act 2011
16.1
Summary of the main principles of cy-près
17.1
Equity’s remedies
Add Highlight
No Comment
..................Content has been hidden....................
You can't read the all page of ebook, please click
here
login for view all page.
Day Mode
Cloud Mode
Night Mode
Reset