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11 Cards in this Set
- Front
- Back
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Wallgrave v Tibbs |
T Left money and lands to two people as joint tenants - prior to death he requested to write to the two persons informing them of the objects which he wishes them to apply. executor wrote the letter but never sent it. - no secret trust as it did not fulfil the requirements. |
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RE Boyes |
testator created a will which left his estate to his son and appointed him executor - intention to communicate the terms but failed to do so. - testators next-of-kin sought legacy - son argued valid ST held - no ST due to failure to effectively communicate terms. |
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Re keen |
possible for legatee to be bound if the trust had been put in writing and given to him in a sealed envelope and he agreed he would hold the property given to him by will, although he didnt know the terms of the trust |
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dicta in RE Snowden |
testatrix couldnt make up her mind on how to leave estate. she made a will which left her residue to her brother which stated he will know what to do with it. Brother died, estate went to only son. held - needs to be legally binding obligation imposed not just a moral one |
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Mccormic v Grogan |
Testator made a will leaving all his propety to G - on death he informed G of the contents of the will and a letter would be found with it. - "leave it to ur judgement what i would do." - no ST - no legally imposed obligation |
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Ottoway v Norman |
T created a will which left house and contents to housekeeper. He stated after she passes the sum of his will is left to the son - she stayed silent - held - silence can amount to acceptance - she was to speak up if she wish not to be bound |
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Moss v Cooper |
Silance can amount to acceptance |
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RE Collin cooper |
held- good first 5000 not second - there must be communication intention and acceptance for every addition to the trust |
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Blackwell v Blackwell |
- T gave money to 5 people on trust for the purpose indicated by "me to them" - informed 1 of the legatees of the objects of the trust and informed the other 4 in outline before execution. - the wife brought an action for a declaration of trust was invalid because parol evidence rule was inadmissible to prove terms of the trust. - held the trust had been communicated at the time of making the will of half ST |
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RE Young |
ST operates outside of a will so that the ben. who witnesses would not be deprived of his intrest under the ST - chauffer witnesses but is not effect |
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RE Gardener |
T left her estate to H "knowing he will carry out my wishes" at death the property was divided amongst 3 people - H died five days after the testatrix, than it was discovered that 1 of the 3 named beneficiaries died before the testatrix - ben share arose under a trust not under will - lapse had no effect |
