• Law School Life
    Laying the Groundwork
  • Trustee Duties

    Duty to act solely in accordance with the terms of their authority as defined in the trust deed, including a duty to invest the trust property e. the trustees must do as they are instructed in the trust deed. Can’t give property to someone who…

    The Beneficiary Principle

    A. THE BENEFICIARY PRINCIPLE General rule- a trust generally needs human beneficiaries unless it’s a Charitable Trust or a trust for purposes. Nothing do with certainty of object which is conceptual Companies count as human beneficiaries Someone needs the locus standi to enforce the trust…

    Constitution of Trusts

    B. THE CONSTITUTION OF TRUSTS I.e. the making of a trust Milroy v Lord Turner LJ, there are three ways you can give property away: Outright gift Transfer property to trust You can make yourself trustee for the benefit of beneficiary Constitution= refers to the…

    Formalities

    A. FORMALITIES General rule- equity looks to intent not form 1. Purposes of Formalities J D Feltham [1987] Conv 246. Four functions of formalities Ritual or cautionary function Because the settlor drops out of the picture once he has transferred, this is a step to…

    Outline: Principle of effectiveness and national procedural autonomy

    Principles of effectiveness and national procedural autonomy NATIONAL PROCEDURAL AUTONOMY Comet 1976 ECJ established that the procedural rules of each Member State generally apply to cases of EU law. However, two basic principles must be adhered to “equivalence” (the procedure for EU cases must be…

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