545174
Descrição
Mapa Mental por penny.woodman, atualizado more than 1 year ago
|
Criado por penny.woodman
quase 11 anos atrás
|
|
Implied Trusts
- A Definition: Arise through operation of law i.e. equity
decides a trust should apply. Two main types of
implied trust: Resulting and Constructive.
- The Resulting Trust
- Equitable interest jumps
back to S instead of
remaining with B
- Settlor becomes
both S and B
- Settlor becomes
both S and B
- Westdeutsche Landesbank
Girozentrale v Islington LBC = resulting
trust would arise in two circumstances
(A and B)
- Category A = A makes a voluntary payment to B who
pays for property which is vested in B or A and B
- Equity presumes A didn't intend to
make a gift and wanted to retain some
interest - Re Vinogradoff
- Equity will not assist a volunteer
- Equity will not assist a volunteer
- The presumption can be
overturned or rebutted (see
presumption of advancement)
- Vandervell v IRC = This presumption
provides an answer where facts and
circumstances fail to yield a solution
- If A intended to benefit
B, the gift will stand
- Presumption of Advancement
- Where A and B enjoyed a certain type of
relationship, a gift of property would be seen by
equity as being a true gift
- Relationships include:
husband and wife &
father and child
- Moate v Moate = applied to a gift between fiancé
and fiancée when they were later married
- Bennet v Bennet =
would not apply as of
right between Mother
and child
- Relationships include:
husband and wife &
father and child
- Paternalistic in it's application
- Due to be abolished but explicitly
preserved for anything done before s199
of the Equality Act 2010 comes into
effect
- Where A and B enjoyed a certain type of
relationship, a gift of property would be seen by
equity as being a true gift
- Equity presumes A didn't intend to
make a gift and wanted to retain some
interest - Re Vinogradoff
- Category B = A transfers property to B on express trusts,
but does not exhaust the whole beneficial interest
- Basically where A has made a mistake in
creating express trust for only part of the
property
- Equity abhors a vacuum so the
remaining part cannot be left in
limbo
- The entire equitable
interest will be held on
resulting trust for S
- Westdeutsche Landesbank divided this into 2 further categories
- Where S makes an error
- Vandervell = Mr V allowed himself a buy back
clause so was never fully rid of control over the
shares.
- Vandervell = Mr V allowed himself a buy back
clause so was never fully rid of control over the
shares.
- Where a condition to the operation of the
trust has come to an end
- Barclays Bank LTD v Quistclose Investments Ltd = If a trust is
created with a particular condition and that condition is not met, the
property will jump back to the original owner.
- Barclays Bank LTD v Quistclose Investments Ltd = If a trust is
created with a particular condition and that condition is not met, the
property will jump back to the original owner.
- Where S makes an error
- Basically where A has made a mistake in
creating express trust for only part of the
property
- Category A = A makes a voluntary payment to B who
pays for property which is vested in B or A and B
- Equitable interest jumps
back to S instead of
remaining with B
- The Resulting Trust
Quer criar seus próprios Mapas Mentais gratuitos com a GoConqr? Saiba mais.