Question 1

Which of the following statements is true?

Accepted Answer

A)  A trustee is under a duty to act even-handedly between the beneficiaries of a discretionary trust when exercising a discretion. 
B)  A trustee can act capriciously when exercising a discretion, provided that the trustee does not select a beneficiary outside the class. 
A)  A trustee is under a duty to act even-handedly between the beneficiaries of a discretionary trust when exercising a discretion. 
B)  A trustee can act capriciously when exercising a discretion, provided that the trustee does not select a beneficiary outside the class. A

Question 2

Which one or more of the following statements about the beneficiary principle is true?

Accepted Answer

A)  Every trust, without exception, must have immediately identifiable beneficiaries who can enforce the trust . 
B)  A trust to look after a named pet is valid because it is well known that people who care for animals are also caring in relation to other human beings, so there is a public benefit. 
C)  Trusts for purposes will be valid, even if there are no human beneficiaries, provided that the purpose is defined with sufficient clarity to enable the court to compel its performance. 
D)  Even if a trust has human beneficiaries, the trust may fail for other reasons. 
A)  Every trust, without exception, must have immediately identifiable beneficiaries who can enforce the trust . 
B)  A trust to look after a named pet is valid because it is well known that people who care for animals are also caring in relation to other human beings, so there is a public benefit. 
C)  Trusts for purposes will be valid, even if there are no human beneficiaries, provided that the purpose is defined with sufficient clarity to enable the court to compel its performance. 
D)  Even if a trust has human beneficiaries, the trust may fail for other reasons. D

Question 3

Which of the following statements about Re Denley's Trust Deed (1969) is true?

Accepted Answer

A)  The trust was upheld because the provision of the playing field was a charitable public purpose. 
B)  Goff J held that if the playing field was sold, the proceeds would be shared equally between the employees of the company. 
C)  Trusts to provide rugby and association football pitches are always upheld because they were games invented in Britain. 
D)  Because of the equitable maxim 'equity looks to the intent rather than to the form', a trust expressed as for purposes might be interpreted as being for an ascertainable class. 
A)  The trust was upheld because the provision of the playing field was a charitable public purpose. 
B)  Goff J held that if the playing field was sold, the proceeds would be shared equally between the employees of the company. 
C)  Trusts to provide rugby and association football pitches are always upheld because they were games invented in Britain. 
D)  Because of the equitable maxim 'equity looks to the intent rather than to the form', a trust expressed as for purposes might be interpreted as being for an ascertainable class. D

Question 4

Which one or more of the following statements is true?

Accepted Answer

A)  A deficiency with trusts is that the interests of the beneficiaries have to be defined in advance, so there is no flexibility. 
B)  A trust can allow the trustees to choose who should benefit. 
C)  A trust can only be created if the beneficiaries can all be named at the time the trust is set up. 
D)  The rights of a beneficiary under a trust may be capable of being withdrawn in some circumstances. 
A)  A deficiency with trusts is that the interests of the beneficiaries have to be defined in advance, so there is no flexibility. 
B)  A trust can allow the trustees to choose who should benefit. 
C)  A trust can only be created if the beneficiaries can all be named at the time the trust is set up. 
D)  The rights of a beneficiary under a trust may be capable of being withdrawn in some circumstances.

Question 5

Which of the following statements about Re Endacott (1960) are true?

Accepted Answer

A)  The judge referred to Homer nodding because he was a fan of The Simpsons. 
B)  The case involved a gift for the purposes of providing a useful memorial which failed because it was not charitable. 
C)  A good draftsman could have drawn up a gift with similar effect which would have been valid. 
D)  . The case holds that a trust can fail for administrative unworkability. 
A)  The judge referred to Homer nodding because he was a fan of The Simpsons. 
B)  The case involved a gift for the purposes of providing a useful memorial which failed because it was not charitable. 
C)  A good draftsman could have drawn up a gift with similar effect which would have been valid. 
D)  . The case holds that a trust can fail for administrative unworkability.

Which of the following statements is true?

Which one or more of the following statements about the beneficiary principle is true?

Which of the following statements about Re Denley's Trust Deed (1969) is true?

Which one or more of the following statements is true?

Which of the following statements about Re Endacott (1960) are true?

What Is Equity?

Equity and the Management of Property; and Equitable Obligations

Certainty

Constitution of Trusts

Formalities

Resulting Trusts

Interests in the Family Home; and Constructive Trusts

Proprietary Estoppel; The Evolution of Rights in the Family Home

Clubs and Societies

Wills and Inheritance

The Role and Status of Charities

Charitable Trusts

Cy-Près: Redistributing Funds and Changing Purposes

Control and Regulation of Charitable Trusts

Fixed Trusts; and Powers of Appointment

Discretionary Trusts

Variation of Beneficial Interests; Powers of Maintenance and Advancement

Investment; Management and Delegation

Control and Accountability; Appointing and Changing Trustees

Fiduciary Duties; Remedies Against the Trustee for Breach of Trust

Tracing

Specific Performance; Rescission, Rectification, and Account

Injunctions

Filters

Exam 15: Choosing Who Benefits

Which of the following statements is true?

Which one or more of the following statements about the beneficiary principle is true?

Which of the following statements about Re Denley's Trust Deed (1969) is true?

Which one or more of the following statements is true?

Which of the following statements about Re Endacott (1960) are true?

What Is Equity?

Equity and the Management of Property; and Equitable Obligations

Certainty

Constitution of Trusts

Formalities

Resulting Trusts

Interests in the Family Home; and Constructive Trusts

Proprietary Estoppel; The Evolution of Rights in the Family Home

Clubs and Societies

Wills and Inheritance

The Role and Status of Charities

Charitable Trusts

Cy-Près: Redistributing Funds and Changing Purposes

Control and Regulation of Charitable Trusts

Fixed Trusts; and Powers of Appointment

Discretionary Trusts

Variation of Beneficial Interests; Powers of Maintenance and Advancement

Investment; Management and Delegation

Control and Accountability; Appointing and Changing Trustees

Fiduciary Duties; Remedies Against the Trustee for Breach of Trust

Tracing

Specific Performance; Rescission, Rectification, and Account

Injunctions

Filters