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Description
Mind Map by Vicky Babs, updated more than 1 year ago
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Created by Vicky Babs
about 11 years ago
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Constitution of a Trust
- Milroy v Lord - Turner LJ settlor must have
done everything necessary to transfer
- Re Rose - mitigates harshness of Milroy. Shares
were out of his hands so he was a temp CTee
- Pennington v Waine - Donor need not have done everything
in their power if there is a continued intention to transfer
- Exceptions
- Re Ralli's WT - fortuitous constitution
- Strong v Bird
- Donationes Mortis Corsa
- Re Ralli's WT - fortuitous constitution
- Haliwell - Pennington leaves us 'in the realm of
unfettered judicial discretion', 'very unruly beast'
outcome was fair but bad law
- Garton - unconscionability aspect of Pennington keeps it in line
with trust orthodoxy but courts must be careful not to 'grant
judges an unfettered discretion to perfect imperfect
transactions in an arbitrary and unprecedented fashion
- Exceptions
- Choithram - trust was fully constituted
because he declared himself a trustee
- Pennington v Waine - Donor need not have done everything
in their power if there is a continued intention to transfer
- Shares - Fill out the form, send it to the
company, company registers new name
- Confirmed in Re Fry
- Confirmed more recently in Zeital
- Confirmed in Re Fry
- Land - Richard v Delbridge S53
formalities were not met here
- Chattels - Re Cole, here words were not enough
- Equitable Interests - Re McArdle no
consideration so he was a volunteer
- Re Rose - mitigates harshness of Milroy. Shares
were out of his hands so he was a temp CTee
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