Description

Mind Map on Untitled, created by ladyamaya86 on 20/05/2014.
ladyamaya86
Mind Map by ladyamaya86, updated more than 1 year ago
ladyamaya86
Created by ladyamaya86 over 10 years ago
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Resource summary

What is a trust?
  1. Settlor > Trustee > Beneficiary
    1. Feudal context
      1. Landlords/tenants and the
        1. Subinfeudation - the granting of a portion of an estate by a feudal tenant to a subtenant, held from the tenant on terms similar to those of the grant to the tenant.
        2. A trust is a way of dividing property
          1. Way to avoid feudal incidents/duties on death of a party
            1. Conveyance to a 3rd Party (feoffee to uses) on basis that property to be held for benefit of a beneficiary (cestui que use)
          2. The use
            1. Reasons for the use
              1. Knights going on crusade - transferred property for the use of another
                1. Franciscans - vow of poverty
                  1. way to keep their vows and still derive benefit from property - though technically held by another
                  2. minimise the threat of fraud
                  3. Role of conscience - not enforceable by common law so relied on equity
                    1. Statute of Uses 1535
                      1. because of loss of revenue it directed legal estate to be vested in the beneficiary
                        1. later known as the trust
                          1. later known as the 'trust'
                    2. Main features of a trust
                      1. interests split between two persons
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