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14 Cards in this Set
- Front
- Back
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Ottoway v Norman |
Three necessities: - Intention to create a trust - Trust communicated to trustee - Trustee accepts trust |
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McCormick v Grogan |
Must give a trust obligation, not just a moral obligation
Needs the clearest and most undisputable evidence |
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Re Boyes |
Communication can be verbal or written, but must include the intention and the terms |
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Re Colin Cooper |
If any property is to be added to the trust, this must be communicated. |
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Moss v Cooper |
Communication must take place before the testator’s death |
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Wallgrave v Tebbs |
Acceptance can be express or implied
If the trust fails, and the trustee was unaware of it, they will keep the property |
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Blackwell v Blackwell |
A half secret trust must be communicated on or before the execution of the will |
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Sellack v Harris |
A secret trust can arise from intestacy (kinsman promising to deal with it in a certain way) |
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Vandervell v IRC |
If the trustee had knowledge of a failed trust, the property will be held on resulting trust for the testator’s estate. |
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Re Keen |
Written over oral evidence
Half secret trusts must be communicated before the execution of the will
If will states a time of communication, it must be done at this time |
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Re Stead |
Joint trustees: If A accepts before the will, both are bound. If A accepts after the will is written, only A is bound. |
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Comiskey |
Trusts must have certainty of intention |
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Anthony and Donges |
Trusts must have certainty of subject matter |
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IRC v Broadway Cottages |
Trusts must have certainty of objects (beneficiaries) |
