Express Trusts

Nota:

• What formalities apply to this type of trust (if any) and have they been observed?

1. Wills
2. Gifts

Nota:

• In what circumstances will the court come to the assistance of a volunteer when there has been an imperfect gift or an incompletely constituted trust?

1. Rule in Strong v Bird
2. Third Party Fault
3. Proprietary Estoppel
   1. Donatio Mortis Causa
      1. Gift in contemplation of death
      2. Gift conditional upon death
      3. Delivery of Subject Matter

Nota:

• Have the three certainties been satisfied and what are the consequences of non-observance?

1. Certainty of Intention
2. Certainty of Objects
3. Certainty of Subject Matter

Nota:

• What is the effect of administrative unworkibility and capriciousness on a trust or gift?

Nota:

• What is the effect of conceptual uncertainty on the trust or gift?