Chapter 9 Self-test questions

Chapter 9 Self-test questions

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. S.53(I)(b) of the LPA 1925 requires that, in order to be enforceable, declarations of trusts of land must be manifested and proved in writing and signed by the settlor (or testator in a will).Which of the following types of trust must comply with this requirement? Please select all that apply.

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. A direct contribution to the purchase price of a property will always give rise to the presumption of a resulting trust.

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. Which of the following statements is correct? Contributions towards household expenses:

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. In a sole legal owner case, where a non-legal owner claimant is seeking to establish that she or he has an equitable share in the property, the court must undertake a two-stage process. Firstly, it must consider whether the claimant has established that she or he has acquired an equitable interest in the property, by means of a trust. Secondly, it must quantify the claimant's share of that equitable interest. These two stages are entirely separate.

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. In order to establish an express common intention constructive trust, the claimant must provide which of the following: Please select all that apply.

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. In order to establish that she or he has suffered detriment in an express common intention constructive trust case, the claimant must provide evidence that she or he has made a direct financial contribution to the purchase price of the property.

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. According to Lord Bridge in Lloyd's Bank v Rosset [1991] AC, the only relevant conduct from which the court can infer a common intention to share the beneficial ownership of the property is:

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. In Stack v Dowden [2007] UKHL 17, the House of Lords proposed a "holistic approach" to quantification of shares in the beneficial ownership of the family home. Which of the following factors did they suggest could be of relevance to the court in reaching its decision? Please select all that apply.

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. In Jones v Kernott [2011] UKSC 53, the Supreme Court said that the presumption of a joint tenancy was a starting point for the court in trying to ascertain shares in the family home. However, this presumption could be rebutted under certain circumstances. Which of the following circumstances can rebut the presumption? Please select all that apply.

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. In Jones v Kernott [2011] UKSC 53, the Supreme Court said that the court should never consider the "whole course of dealings" between the parties in deciding what would be a fair share of the family home.

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