In considering what the possible entitlements are for the clients, the foundation of a trust must be established. A trust is ‘where one person transfers the legal ownership of property to another to hold that property for the benefit of somebody else’ .
Firstly, in regards to Rose cottage, Andy’s country cottage together with all the furniture and contents, Andy, had asked Ian, to hold certain properties for his mistress Sian, and had said that he would complete any necessary formalities when he next met with his solicitor. This is a Lifetime trust, which is ‘a trust created to benefit one person during the duration of that person’s lifetime, and another person or persons after they die’. It needs to be established whether the trust has
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Furthermore 3 certainties need to be established in order for the trust not be void.
Firstly, Certainty is vital to the administration of any trust, it is defined by Lord Langdale, Master in Knight V Knight (1840) ‘A trust will only come into existence if there is ‘certainty of words, certainty of subject matter and certainty of objects’
Certainty of intention needs to be considered, this is essential in order for a trust to be valid as the trustees must know what they are required to do. Andy intended for Maeve and her sister lily to have his collection of cars except the rusty one
Certainty of subject matter is the next step which is crucial in order to know exactly the amount of the property which the trustee is responsible for, the case of Anthony v Donges shows when certainty of subject matter is not valid, in Andy’s situation the subject matter was the collection of cars he meant for Maeve and her sister lily to
Lord Browne-Wilkinson’s judgment in this case is one of much controversy that we will analyse in this essay. The principle laid down by Lord Browne-Wilkinson for the need for causative links between the breach of trust and the loss suffered was then applied in AIB Group (UK) Plc v Mark Redler & Co Solicitors where the solicitor had similarly breached the trust. Pro-Target Target had given a sum of money to Redfern (solicitors) to hold on bare trust until Crowngate had completed the purchase of a property and executed the mortgage. However, Redfern had instead, breached the trust and gave the money to another company, Mirage, by writing to Target to falsely inform them that the purchase had gone through and the mortgage had been executed.
Though there is no need for either party to use the word trust, the courts must be able to construe some sort of positive intent that the equitable interest was not to reside in the transferee. However Lord Millett later in Twinsectra Ltd denounces the emphasis previously placed on the party’s intent. Twinsectra involved a borrower seeking short term finance for the purchase of land and Lord Millett in this case states that Quistclose trusts are resulting trusts which arise by operation of law. His conclusion is based on the theory that resulting trust emerges when there is a transfer of property in circumstances in which the transferor did not intend to benefit the recipient. Carnworth J, however contends that from Twinsectra it seems that the parties place no real significance to the purpose so even applying Lord Millett’s newly configured resulting trust analysis, there is no real intent on the lenders part to ensure that the recipient does not receive the money at his free disposal. Furthermore, a key aspect of any intent to create a trust always revolves around the funds being held separately and so by devaluing this factor Lord Millett is detracting from traditional trust law principles and in the process is making it much easier to find a Quistclose trust in situations where it was never
In this paper, I am going to use concepts from the social exchange theory and relational dialectics theory to describe my relationship with my boyfriend. First, I will discuss the cost and rewards of the relationship. Second, I will then discuss the dialectics of autonomy and connection followed by, openness and protection.
Andrews N, ‘Does a third party beneficiary have a right in English law?’ (1988) 8 Legal Studies 14
Trying to define codependency can be very difficult. It is not an exact or definitive state; rather, it's more of a general description for a variety of behaviors. Put simply, codependency is an addiction to love, where one person in a relationship is devoted and completely invested to a point where it negatively affects his or her emotional and physical well-being.
Substance disorders affects all social, educational, cultural, and age groups. Substance abuse research often focusses on the abuser and the family as a whole but not how it affects their spouse. United States misuse is linked to approximately 590,000 deaths and is responsible for injury or illness to almost 40 million individuals every year. (Cox, R., Ketner, J. & Blow, A. 2013). The consequences resulted from this disorder, are not only related to the substance abusers, but also have a great influence on their behavior and other layers of their life, especially their wives (Salehyan, Bigdeli, & Hashemian 2011). When the husband or boyfriend has an addiction the wife takes on responsibilities of her spouse which causes an increase in stress. Marriage is generally described as a protective factor against substance use. The concept of codependency was developed to explain what happens to the spouse of a substance abuser.
Given that it lies within the domain of equity, the case law indicates a great flexibility in its application, both in the substantive requirements of proof demanded by the courts and in the manner in which the courts will satisfy the equity. It is the first of these aspects of the doctrine that I will examine in this essay. I will look at the shift in the evidentiary requirements and what a representation (or an assurance of rights), a reliance (a change of position on the basis of that assurance) and a detriment (or unconscionable disadvantage) - the three pre-requisites for a successful claim - have come to mean with regard to case law and in particular the judgement of Judge Robert Walker in the Court of Appeal in Gillett v. Holt[1], in which the plaintiff had been given repeated assurances over many decades that he would inherit the defendant's estate, and remained in service to him at least p... ... middle of paper ... ... operty, 16th Ed, Butterworths K. Gray & S.F Gray - Land Law, 2nd Ed, Butterworths Professor Cedric D Bell - Land: The Law of Real Property, 3rd Ed, Old
...trust and confidence, which implores for a doctrine of good faith. Hence, although the future of a general principle of good faith in English contract law may not be certain, a judicial movement is slowly gaining momentum to increase the steps towards its realization.
After establishing that this trust is a FST, one must again asses as to whether this trust fulfils all the requirements needed to become binding. Intention was established when Dan gave Ken the sealed envelope with the terms of the trust. Communication was proven when Ken and Dan had an oral conversation in regards to the terms of the trust, Communication was also proven as in Re Keen stated that envelope and letter stating the terms was seen as sufficient amount of communication. Finally acceptance was proven when Ken stated “you know you can rely on me”. Concluding that the FST is binding, and Joseph will indeed receive the trust.
The legal issue of constitution of trusts is very important, judicial decisions over the years on cases where trusts were not properly constituted indicates that constitution of trusts could be quite complex and must be very cautiously done by a property owner as a simple factor could make his trust void. An express trust is completely constituted either by effectively transferring property to trustees or by effectively declaring a trust. In case of personal property, the declaration of the trust may be put in writing; however, equity will not perfect an imperfect gift. It is only when the trust is constituted that it is binding on the settlor. The long-standing idea that equity will not perfect an imperfect gift can be traced back to the 19th century cases of Ellison v Ellison and Milroy v Lord , and was further emphasized in the 20th century in the case of Re Fry .
Several criminological theorists contend that social development can lead to an increase in the propensity for criminality. While there are various social and environmental factors that can be attributed to this association, the following provides discussion on the role of social bonds. Understanding the role of social bonds will provide further insight on how they impact the process of developing an increased propensity for criminality.
There are many different types of relationships. From your neighbor to your significant other, experiencing different relationships is a part of everyday life. Wether you posses good or bad communication skills will affect the interpersonal relationships within your life. The popular television series Modern Family is a good example of the different types of friendships, types of love, and relationship theories that encompass the everyday person.
Trust and credibility are not built over night. They are built through a process, and that process takes time. You need experience, a ton of experience, to develop trust and credibility with yourself and others. That experience can be achieved through communication. Communication is the key to becoming a trustworthy and credible individual.
The Trusted Authority You only become the trusted authority….through hard tested trials and that the (T.A) comes through on each one of them. In the mentee mind and others through “word of mouth” he or she is perceived to be considered the trusted authority. By being consisted and continuously coming through as planned, they become reliable and trusted. You can count on them to be there to give you that three minutes burst of positive self regard, the Bundini moment. How does one distinguish the trusted authority over other “want to be’s”?
What is trust? Is trust essential for the way we live our everyday life? Trust is a quality or condition of being trustworthy; loyal; reliable. I think trust is an essential way of life because you cannot make a relationship, friendship, a business, or an organization if there is no foundation. Part of that foundation is trust and loyalty because you should be able to depend, rely, and trust others that they will do exactly what is right for them and you. Trust can be broken so quick, it is scary, because once trust is broken it is a lot harder to gain back then when you first gained trust in someone. This relates to my life because my trust with my dad was alerted going into my freshman year.