Trust and Equity Evening Test Set Study Guide Key Concepts and Practice Questions Comprehensive Questions Answers Detailed Explanations 2025/ 2026

Trust and Equity – Evening Test Set Study Guide, Key Concepts,
Trustand
andPractice
Equity –
Questions.pdf
Evening Test Set Study Guide, Key Concepts,
Trustand
andPractice
Equity –
Questions.pdf
Evening Test Set Study Guide, Key Concepts, and Practice Questions.pdf




Trust and Equity – Evening
Test Set Study Guide, Key
Concepts, and Practice
Questions




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Trust and Equity – Evening Test Set Study Guide, Key Concepts,
Trustand
andPractice
Equity –
Questions.pdf
Evening Test Set Study Guide, Key Concepts,
Trustand
andPractice
Equity –
Questions.pdf
Evening Test Set Study Guide, Key Concepts, and Practice Questions.pdf

,Trust and Equity - Evening Test Set.pdf Trust and Equity - Evening Test Set.pdf Trust and Equity - Evening Test Set.pdf




What is an express trust? An express trust is deliberately created by a settlor or will-maker.


What are the two types of express trusts based on creation Inter vivos (during the settlor's lifetime) and testamentary (created by will to take
time? effect after death).


What is the maximum duration of an express trust? 125 years, unless it is a charitable trust which may be perpetual.


Can a sole trustee also be a sole beneficiary in a trust? No, a sole trustee cannot be a sole beneficiary according to s14 of the Trust Act.


What are the three certainties required for creating an Certainty of intention, certainty of subject-matter, and certainty of object.
express trust?


What does certainty of intention refer to in the context of The settlor must show an intention to create a trust, which can be expressed through
express trusts? words or conduct.


What case illustrates the certainty of intention through Paul v Constance, where money was placed in a shared account with the intention of
language? shared ownership.


What is a precatory word and how does it relate to Precatory words express a mere hope or recommendation and do not show
certainty of intention? requisite certainty of intention (e.g., Page v Page).



Trust and Equity - Evening Test Set.pdf Trust and Equity - Evening Test Set.pdf Trust and Equity - Evening Test Set.pdf

, Trust and Equity - Evening Test Set.pdf Trust and Equity - Evening Test Set.pdf Trust and Equity - Evening Test Set.pdf




What happens if there is no certainty of trust? The property will revert back to the settlor on a resulting trust.


What is meant by certainty of subject-matter in an express There must be sufficient certainty in the trust property, which can include various
trust? types of property.


What is an example of insufficient certainty of subject- Using vague terms like 'a small portion of what is left' (White v White).
matter?


What is the significance of indistinguishable property in Indistinguishable property does not need to be clearly identified as long as a
trusts? specific amount is stated (e.g., Hunter v Moss).


What is required for certainty of object in a trust? The settlor must clearly identify the beneficiaries or the purpose of the trust.


What is a fixed trust? A trust where it is possible to draw up a list of beneficiaries that the court can
administer (Re Beckbessinger).


What defines a discretionary trust? It must be possible to ascertain whether any given individual is a member of the
named class of beneficiaries (McPhail v Doulton).


What is administrative unworkability in trusts? A trust may fail if the class of beneficiaries is so wide that it is impossible to
administer (McPhail v Doulton).


Trust and Equity - Evening Test Set.pdf Trust and Equity - Evening Test Set.pdf Trust and Equity - Evening Test Set.pdf