Property, Equity & Trust | Free Law Essays

Excerpt: The fact that Harold preferred not to disclose his mistress's name personally and preferred to communicate this via the sealed envelope is not of itself an obstacle to the validity of the will. It is the fact that the details of the trust or the existence of the envelope were not communicated to Brenda until after the will had been created.

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Excerpt:Although these four exceptions illustrate that the rule that equity will not perfect an imperfect gift is not absolute, they are exceptions based upon deeper and more fundamental equitable principles such as the prevention of unconscionable behaviour and maxims such as 'equity regards as done that which ought to be done'. Overall, equity intervenes to achieve equitable outcomes thus deviation from a principle in the interests of fairness is only to be expected.'

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Excerpt:A fiduciary is someone who has fiduciary obligations; the obligation to act loyally to the principal to whom one is a fiduciary. The rule is applied strictly and is incontestable but questions arise concerning the various nuances of behaviour of fiduciaries.

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Excerpt:Overriding interests are a major hazard for any purchaser of a registered title. Such interests do not appear on the register, yet a purchaser is bound by overriding interests affecting the title purchased whether he knew about them or not.

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Excerpt:'The law of restitution means the return of property to the owner or person entitled to possession. If one person has been unjustifiably received either property or money from another, he has an obligation to restore it to the rightful owner in order that he should not be unjustly enriched, or retain an unjustified advantage”, Elizabeth Martin and Jonathan Law defined in the Oxford Dictionary of Law.'

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Excerpt:'Does the present law relating to sales by a non-owner strike a fair balance between the interests of the original owner of goods and someone who in good faith has bought them from a non-owner who had no authority to sell them?'

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Excerpt: In order to advise Tony and Nathan, equity and trusts must be defined. It must be seen whether a trust actually exists and issues such as capacity, constitution, certainties and formalities must be addressed. The effect of a covenant under a trust deed must also be considered...

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Excerpt: A trust is created by will in the same way as any other declaration of trust. Providing the requirements of section 53(1)(b) and (c) Law of Property Act 1925 are complied with then the trust is prima facia valid. Foregoing examination of certainty of objects, subject matter and intention we shall consider that the will and trust implemented by Keir's will is valid. Consequently the will trust, that does not make any provisions for the powers of the trustees, will be governed by (amongst other statutes) the Trustee Act 1925...

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Excerpt: The opening quotation can be said to identify one of the basic tenets of trust law in England and Wales. The trust is a creation of equity, and has developed over the centuries in England to incorporate various types. One such type is the so-called discretionary trust. This type of trust will be introduced, and analysed. The importance of the need to balance legal ownership with beneficial, or equitable ownership, will then be considered...

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