JSB171 Lecture Notes - Lecture 1: Fide, Volvo S80, Settlor
Document Summary
Express trusts: capacity, settlor, beneficiary, trustee, 3 certainties, certainty of intention; o. Intention to create trust relationship: mandatory words, terminology (not conclusive, as distinct from other relationships, not revocable mandate, not debt , certainty of subject matter; Communication of intention to trustee before death: fully secret trust of existence & of beneficiary, half secret trust of beneficiary, constructive communication iii. Acceptance by trustee: construction as not testamentary (outside will, beneficiary dies before testator pass to estate of beneficiary, beneficiary witnesses will not invalid, trust for purposes (charitable trusts, trust for charitable purposes valid i. Statutory extensions: recreation & leisure facilities: s103(2) ta, child care: s4(1) ecpa, self-help groups: s5, contemplative religious orders: s5 ii. Sufficient public benefit: not arbitrary, named or political entity: charitable purpose not ascertainable general scheme, charitable purpose impractical cy pres scheme. Gift on trust for charitable purpose of association. Assignment absolute i. ii. iii: not charge, not part assignment iv. v.
