What was the outcome in Paul v Constance?
Judgment. The Court of Appeal held that the parties’ words and conduct demonstrated that he wished for the money to be held on trust for Mr Constance and Ms Paul jointly.
When did the trust arise in Paul v Constance?
Paul v Constance [1977] 1 W.L.R. 527 is an Equity and Trusts case.
Is or is not test McPhail v Doulton?
in McPhail the House of Lords restated the law, abandoning the “complete list” test in favour of an “is or is not” test. Lord Wilberforce phrased the new test of certainty for beneficiaries as: “Can it be said with certainty that any given individual is or is not a member of the class.”
What is the rule in Strong v Bird?
There are four conditions for the rule in Strong v Bird: The donor must have intended to make an inter vivos gift. Such donative intention must have persisted until the donor’s death. The donee is appointed the donor’s executor (or administrator, Re James [1935] 1 Ch 449)
Are Friends conceptually certain?
In contrast, an example of a conceptually uncertain class of beneficiaries would be ‘friends’ as the meaning of this word changes subjectively. As Browne-Wilkinson explained n Re Barlow’s Will Trusts: “[‘Friends’] has a great range of meanings; indeed its exact meaning probably varies from person to person.
What is the postulant test?
The leading test for mere powers is the “any given postulant” test, laid down in Re Gulbenkian. This states that the trustees must be able to say with certainty, when a potential beneficiary comes before them, that he either is or is not a beneficiary.
Why will Equity not assist a volunteer?
Equity will not assist a volunteer The main application of the maxim is where a donor purports to make a gift to the donee, but the gift is not effective and the donor retains the legal title. Equity will not perfect an imperfect gift.
Does strong V Bird apply to trusts?
Strong v Bird [1874] L.R. 18 Eq. 315 is an Equity and Trusts case.
Why is re Baden significant?
Re Baden’s Deed Trusts (No 2) [1972] EWCA Civ 10 is an English trusts law case, concerning the circumstances under which a trust will be held to be uncertain. It followed on from McPhail v Doulton, where the House of Lords affirmed that upholding the settlor’s intentions was of paramount importance.
What makes a trust void?
In most cases, what makes a trust invalid is a problem with its creation. For instance, a trust might be legally considered invalid if it: Was created through intimidation or force. Was created by a person of unsound mind.
Who holds the equitable interest in a trust?
trust beneficiary
An equitable interest is an “interest held by virtue of an equitable title (a title that indicates a beneficial interest in property and that gives the holder the right to acquire formal legal title) or claimed on equitable grounds, such as the interest held by a trust beneficiary.”[2] The equitable interest is a right …
Who comes to equity must do equity?
The maxim means that to obtain an equitable relief the plaintiff must himself be prepared to do ‘equity’, that is, a plaintiff must recognize and submit to the right of his adversary.