These are notes on formalities created in 2019. They follow a structured format which condenses the relevant case law, statutory provisions and academic opinion that are relevant to the topic to aid with exam revision.
Equitable remedies Summary notes- Equity and Trusts
Fiduciary Duties Summary Notes- Equity and Trusts
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Brunel University (BU)
Brunel University
Law of Trusts (LX2083)
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Formalities: 3. The intention must continue unchanged until the
donor’s death ad there is evidence of this
Definition: 4. The donor dies and the done is appointed the donor’s
Certain trusts require specific legal formalities to be executor
complied with to be valid Vagueness of intention defeats this rule, the intention to
Milroy v Lord – To render a voluntary settlement make the immediate gift must be unchanged until the
effective the settler must have done everything that was donor’s death where there is evidence to the contrary
necessary to transfer the property and render the the gift will fail (Re Gonin)
settlement binding. This also applies to shares which Donatio Mortis Causa (gift made in contemplation of death):
need completion of share transfer forms and
registration Cain v Moon – Set out 3 basic requirements
Re Rose- Transferor had done everything in his power to
transfer the shares before he died. Held to be valid 1. The gift must have been made in contemplation though
Pennington v Waine – A broader approach may be not necessary in the expectation of death (Wilkes v
taken when it is unconscionable for the donor to deny Allington – Valid even though he contemplated death
that a transfer to occur from one cause but died from another)
Thomas v Times Books – Where chattels are the subject 2. The subject matter of the gift must have been delivered
matter of the trust, delivery or intention to deliver the to the done (Sen v Headley- transfer of the keys to a
subject matter is sufficient. stronger box containing the deeds is sufficient delivery,
Jones v Lock – Cheques need to be signed Chattels: Woodard v Woodard- set of keys to a car is
Land needs conveyance in the form of a deed (s.25 LPA sufficient delivery, Birch v Treasury Solicitor- delivery of
1925) and (S.2 LP (MP A 1989) passbooks were sufficient evidence of a whish to
transfer money)
Declaration of self as trustee: 3. The gift must have been made under such circumstances
as to show that the property is to revert to the donor if
While settlor must transfer property to trustees by they should recover
appropriate method there must be an intention to
create a trust (clear intention, land requires writing) Examples of constructive delivery:
Specific words for declaring the trust are unnecessary if
intention that one party holds as trustees for another’s Birch v A savings Money in a
benefit is shown (Jones v Lock) Treasury account savings account
Paul v Constance- A situation where the owner has not Solicitor was subject to
transferred property to a third-party but has shown that be a valid DMC
the intended to hold it for the benefit of a third party. (Donatio Mortis
Held to be a sufficient declaration of a trust Causa)
Re Rallis Will Trusts- Where the settlor expressly states Woodard v A car Handing over
Woodard the keys to the
an intention to transfer property to a 3rd party trustees
car was
but before transfer is complete declares themselves as
sufficient to
trustee, the trust is only completed if the property is create a DMC of
transferred to them during his lifetime. the car
Choithram International- But if settlor appoints multiple Staniland v Shares Suggested
trustees including himself and then fails to transfer Willott (obiter) that
property, gift need not fail handing over
Enforcement of trusts- volunteers and non-volunteers the executed
If a settlor makes a gratuitous oral statement of share transfer
intention to create a trust, then this is not binding. from would
If the intention is demonstrated by more formal means suffice
such as a written covenant to transfer property, then Re Lillingston Safety Deposit Handing over
enforceability would depend on whether the beneficiary Box the keys to a
is a volunteer or not (Equity will generally not assist a trunk which
held the keys to
volunteer)
a safety deposit
Since enforcement depends on specific performance of
box was
the covenant then the property must also be of a type to sufficient
which specific performance can apply (Pullan v Koe) Sen v Headley Unregistered A terminally ill
Land man told a
Exceptions to the rule that equity will not assist a volunteer:
friend that his
Strong v Bird four conditions that upon the death of the house was hers
intended donor an imperfect gift will become a perfect and that the
gift deeds were in a
steel box. He
1. The donor intends to make an immediate gift to the
then slipped
done but the gift is invalid because it did not comply
the keys to the
with formalities box into her
2. The intention must be to make an immediate gift and bag. This was a
not in the future valid DMC of
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