The creation of trusts is an obligation that is endowed on the trustee to take the responsibility to look after a trust in order to secure a property for the benefit of the beneficiary as named in the trust which can only exist if the creation of trust is valid in the eyes of law. However, trust is highly governed by equitable principles, which claims that “Equity shall not perfect an imperfect gift” as ascertained in the case of Milroy v. Lord 1862 as well as in Richards v Delbridge which
The civil law and criminal law are devised in a manner that it holds a person liable when he performs an unlawful act in participation of the other. The primary aim is to bring about damages to the party committing the offending act.
View More >>The experiences women and girls have during war are more drastic than those faced with both men and boys. During confrontations, inequities already faced by women in society intensify and show in form of denial of basic needs, sexual harassment and sometime physical abuse.
View More >>The creation of trusts is an obligation that is endowed on the trustee to take the responsibility to look after a trust in order to secure a property for the benefit of the beneficiary as named in the trust which can only exist if the creation of trust is valid in the eyes of law
View More >>The laws regarding administration of property, such as the Law of Property Act 1925 or the Wills Act 1837, are clear on the need of formalities to create enforceable trust. These laws require the person transferring a property to complete such formalities. This essay will examine
View More >>The case of Property 1 concerned whether or not the work being carried out is causing statutory nuisance
View More >>The purposes of the Equality Act 2010 (“Act 2010”), as provided in its the Introductory Text, include harmonising
View More >>The contract of mortgage is an example of a contract which also depicts tensions between the interests of the parties to the contract, particularly in the context of mortgages on family homes. The tension is related to the interests of lender
View More >>Equity has become more of rule and principle-based and recognises identifiable doctrines. The modern equity is based on a framework of principles that seek to provide some
View More >>The current issue will involve determining the validity of the trust declared by Stella regarding Brompton Heights and Belfast House; shares in the Private Detectives Ltd and dividends (income) from the shares; and the residue of the estate.
View More >>The British courts have at times been called upon to consider the legality of the executive decisions when such decisions are related to the question of whether there exists a public emergency which necessitates certain kinds of actions from the government.
View More >>The maxim ‘Equity will not perfect an imperfect gift’ is used in the law of trust to provide a general rule that gifts will fail unless the transfer to the donee has been made using the correct formalities for making such a gift under the law.
View More >>This essay considers a case scenario in which a shipping tycoon, Akira Kurosawa, left by will £2.5 million to ‘the Seafarers’ Trust’ and £2.5 million for the creation of a multi-purpose recreational green space just outside the city. This essay considers the validity of the trusts created by Akira by reference to the law related to charitable trusts, especially the possible application of the cy’-pres doctrine.
View More >>Trusts are one of the important inventions of English common law, with significant implications in law of property. The law of trust is a special contractual relationship, which provides a channel through which individuals can ensure that their properties are managed according to their wishes after their death.
View More >>Beneficiary principle can operate, with the intention of invalidating significant private purpose trust boundaries (based on the law governing charitable trusts). This is owing to the fact that “private purpose” is not within the legal definitions of charitable purpose and as such, it demarcates the border between public trusts and private trusts. Moreover, beneficiary principles can as well frustrate the attempt of a donor to making a gift to an unincorporated association, which is non-charitable.
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