©EVERLY 2024/2025 ALL RIGHTS RESERVED.
Uni of Law GDL Equity and Trusts. Exam
Questions And Answers (Guaranteed A+)
s.9 Wills Act 1837 - Answer✔Wills must be made in writing and signed by two witnesses; any
amending codicils must also be in writing and witnessed
s.15 Wills Act 1837 - Answer✔Beneficiary rule - a witness will lose benefit by witnessing
Events which Revoke a Will - Answer✔Marriage; destruction with intent to revoke; making a
new will dealing with the same property
Transfer of Legal Title to land - Answer✔Must be by deed (s.52 (1) LPA 1925; s.1 LP(MP)A
1989)
Transfer of Shares - Answer✔Donor/settlor must send a signed Stock Transfer Form with the
share certificates to the donee/trustee who must then send the form to the company.
Transfer of Chattel - Answer✔By physical deliver (or by deed if impractical - Jaffa)
Requirements for a Perfect Gift - Answer✔Three certainties (object (inc. necessary mental
capacity), subject, intent). Complete transfer of property.
Re Rose and Milroy v Lord - Answer✔"Every effort" test - has the property been put beyond the
donee/settlor's recall? If so, equity will perfect the gift
Pennington v Waine - Answer✔Exception to Milroy. Re Rose. Gift of Shares.
1. incomplete on death.
2. documentation with agent. (not re Rose as not everything in power.)
3. unconscionable to deny gift.
Factors that make it unconscionable: gift freely given, told donee he would get it, signed relevant
docs, delivered to agent, agent informed donee 'do nothing', donee became director.
This case is always distinguished. Curtis v Pulbrook: Briggs - Pennington should have just been
estoppel based on detrimental reliance
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, ©EVERLY 2024/2025 ALL RIGHTS RESERVED.
Rule in Strong v Bird - Answer✔Intent to immediate gift (Re Freeland) which continues till
death (Re Conin) and donee is PR/executor
Creation of a Valid Trust with settlor as trustee - Answer✔Valid declaration (inc. all three
certainties, without offending beneficiary rule or rule against perpetuities) which complies with
formalities (i.e. in signed writing for land)
Creation of a Valid Trust with third party trustees - Answer✔Valid declaration (certainties, rules,
formalities) and valid transfer of legal title
Re Adams - Answer✔Precatory wording does not create a trust
Certainty of Object - Answer✔Re London Wine - keep stock apart if non identical. Hunter v
Moss - if identical eg stocks, can be grouped. Re Golay - workable formulas will count. Re
Lewis's; Brookmount - monies in a separate account more likely to be on trust.
s. 53(1) (c) LPA 1925 - Answer✔Disposition of equitable interests must be in signed writing
Grey - Answer✔Writing to Trustee to transfer equitable interest is a valid disposition of the
interest
Vandervell v IRC - Answer✔If B instructs T to transfer legal title to B2 with intent that B2 gets
equitable interest, s.53(1)(c) LPA does not apply
Certainty of Object test for a Fixed Trust - Answer✔'Complete list' test (Broadway) - conceptual
and evidential certainty
Certainty of Object for Powers of Appointment - Answer✔'Given postulant' (is or is not - Re
Gestetner, Re Gulbenkian) - conceptual certainty
Certainty of Object test for Discretionary Trust - Answer✔'Given postulant' (McPhail v Doulton)
- conceptual certainty
Morice v Bishop of Durham - Answer✔Must have identifiable beneficiaries to enforce the trust.
A trust can fail for being administratively unworkable. (Ex p West Yorkshire)
Re Manisty's Settlement - Answer✔Administrative unworkability does not apply to powers. A
trust can fail for capriciousness
Charitable exception to the Beneficiary Principle - Answer✔Charities Act 2011 - charitable
purpose; sufficient public benefit (Compton, Oppenheim); exclusively charitable (McGovern)
Exceptions to Beneficiary Principle - Answer✔Care of specific animals (Dean); of graves
(Hooper); saying mass in private; fox hunting
Denley Trusts - Answer✔Human beneficiaries with direct tangible benefit; doesn't offend rule
against perpetuities
Rules Against Perpetuities - Answer✔Non-charitable purpose trusts must either be 21 years max,
or allow all capital to be spent at once. Normal trusts cannot last more than 125 years (s.18
Perpetuities and Accumulation Act 2009)
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Uni of Law GDL Equity and Trusts. Exam
Questions And Answers (Guaranteed A+)
s.9 Wills Act 1837 - Answer✔Wills must be made in writing and signed by two witnesses; any
amending codicils must also be in writing and witnessed
s.15 Wills Act 1837 - Answer✔Beneficiary rule - a witness will lose benefit by witnessing
Events which Revoke a Will - Answer✔Marriage; destruction with intent to revoke; making a
new will dealing with the same property
Transfer of Legal Title to land - Answer✔Must be by deed (s.52 (1) LPA 1925; s.1 LP(MP)A
1989)
Transfer of Shares - Answer✔Donor/settlor must send a signed Stock Transfer Form with the
share certificates to the donee/trustee who must then send the form to the company.
Transfer of Chattel - Answer✔By physical deliver (or by deed if impractical - Jaffa)
Requirements for a Perfect Gift - Answer✔Three certainties (object (inc. necessary mental
capacity), subject, intent). Complete transfer of property.
Re Rose and Milroy v Lord - Answer✔"Every effort" test - has the property been put beyond the
donee/settlor's recall? If so, equity will perfect the gift
Pennington v Waine - Answer✔Exception to Milroy. Re Rose. Gift of Shares.
1. incomplete on death.
2. documentation with agent. (not re Rose as not everything in power.)
3. unconscionable to deny gift.
Factors that make it unconscionable: gift freely given, told donee he would get it, signed relevant
docs, delivered to agent, agent informed donee 'do nothing', donee became director.
This case is always distinguished. Curtis v Pulbrook: Briggs - Pennington should have just been
estoppel based on detrimental reliance
1|Page
, ©EVERLY 2024/2025 ALL RIGHTS RESERVED.
Rule in Strong v Bird - Answer✔Intent to immediate gift (Re Freeland) which continues till
death (Re Conin) and donee is PR/executor
Creation of a Valid Trust with settlor as trustee - Answer✔Valid declaration (inc. all three
certainties, without offending beneficiary rule or rule against perpetuities) which complies with
formalities (i.e. in signed writing for land)
Creation of a Valid Trust with third party trustees - Answer✔Valid declaration (certainties, rules,
formalities) and valid transfer of legal title
Re Adams - Answer✔Precatory wording does not create a trust
Certainty of Object - Answer✔Re London Wine - keep stock apart if non identical. Hunter v
Moss - if identical eg stocks, can be grouped. Re Golay - workable formulas will count. Re
Lewis's; Brookmount - monies in a separate account more likely to be on trust.
s. 53(1) (c) LPA 1925 - Answer✔Disposition of equitable interests must be in signed writing
Grey - Answer✔Writing to Trustee to transfer equitable interest is a valid disposition of the
interest
Vandervell v IRC - Answer✔If B instructs T to transfer legal title to B2 with intent that B2 gets
equitable interest, s.53(1)(c) LPA does not apply
Certainty of Object test for a Fixed Trust - Answer✔'Complete list' test (Broadway) - conceptual
and evidential certainty
Certainty of Object for Powers of Appointment - Answer✔'Given postulant' (is or is not - Re
Gestetner, Re Gulbenkian) - conceptual certainty
Certainty of Object test for Discretionary Trust - Answer✔'Given postulant' (McPhail v Doulton)
- conceptual certainty
Morice v Bishop of Durham - Answer✔Must have identifiable beneficiaries to enforce the trust.
A trust can fail for being administratively unworkable. (Ex p West Yorkshire)
Re Manisty's Settlement - Answer✔Administrative unworkability does not apply to powers. A
trust can fail for capriciousness
Charitable exception to the Beneficiary Principle - Answer✔Charities Act 2011 - charitable
purpose; sufficient public benefit (Compton, Oppenheim); exclusively charitable (McGovern)
Exceptions to Beneficiary Principle - Answer✔Care of specific animals (Dean); of graves
(Hooper); saying mass in private; fox hunting
Denley Trusts - Answer✔Human beneficiaries with direct tangible benefit; doesn't offend rule
against perpetuities
Rules Against Perpetuities - Answer✔Non-charitable purpose trusts must either be 21 years max,
or allow all capital to be spent at once. Normal trusts cannot last more than 125 years (s.18
Perpetuities and Accumulation Act 2009)
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