Diagnostic test

. Chapter 1. The position of Lord Chancellor was originally held by which type of person?

The King's courtiers

Military commanders

Religious officials

Queen's Counsel

. Chapter 1. The equitable maxim 'He who seeks equity must do equity' deals with what type of behaviour?

The future behaviour of the claimant.

The past behaviour of the claimant.

The past behaviour of the defendant.

The future behaviour of the parties.

. Chapter 2. Which of the following statements is true?

A protective trust is a type discretionary trust.

A beneficiary who is sui juris can end a protective trust.

If a protective trust ends then the property is held on a fixed trust.

Section 33 Trustee Act 1925 simplified the process for setting up a protective trust.

. Chapter 2. Which of the following situations have not been recognized as constructive trusts?

Breach of pure contractual obligations.

Breach of a fiduciary duty.

Receiving property belonging to another.

Immoral gains.

. Chapter 3. Which of the following statements best defines administrative unworkability?

It is not possible to prove who the beneficiaries are.

The trust is too complex for trustees to administer.

The definition of beneficiary is hopelessly wide.

It is not possible to find the beneficiaries.

. Chapter 3. The final provision of Jess's will states:
"I leave the rest of my immense fortune to Zainab and Ibb on the understanding that they appoint, at their absolute discretion, the whole or any part of the property or its income to any UK born circus performers, their relatives and dependants.
Which statement best describes the following disposition?

This discretionary trust satisfies the tests for certainty of intention and subject matter, but not objects.

This discretionary trust satisfies the tests for certainty of subject matter and objects, but fails for administrative unworkability.

This discretionary trust satisfies the tests for certainty of intention and objects, but not subject matter.

This discretionary trust satisfies all three certainties of trust.

. Chapter 4. Which statement most simply explains what is meant when a person is the absolute owner?

The person has full ownership of the property with no person having any other interest in it.

The person owns the beneficial and legal title to property.

The person has an interest under a bare trust.

The person is the sole trustee of a trust.

. Chapter 4. How must an equitable interest be disposed of under the Law of Property Act 1925?

The transfer must be in writing and signed by the transferee or their agent otherwise it is void.

The transfer must be in writing and signed by the transferee or their agent otherwise it is valid but unenforceable.

The transfer can be oral as long as it is later manifested and proved in writing.

You cannot transfer an equitable interest.

. Chapter 5. Can a valid trust of land be declared orally?

Yes.

No, the trust is void until it is in writing.

Yes, but it must be evidenced in writing before it becomes enforceable and signed by the person able to declare the trust.

Yes, but it must be evidenced in writing at before it becomes enforceable and signed by the person able to declare the trust or their agent.

. Chapter 5. What are the ways to benefit another with an equitable interest according to Timpson's Executors v Yerbury [1936] 1 KB 645?

- Directly assign to a third party
- Contract for valuable consideration to assign to another.

- Contract for valuable consideration to assign to another
- Direct the trustees to hold for another
- Declare that the interest is held by the beneficial owner on trust for another.

- Directly assign to a third party
- Contract for valuable consideration to assign to another
- Direct the trustees to hold for another
- Declare that the interest is held by the beneficial owner on trust for another.

- Contract for valuable consideration to assign to another
- Declare that the interest is held by the beneficial owner on trust for another.

. Chapter 6. Which of the following is the odd one out?

£10,000 for the care and comfort of the Conrad family's pets.

£10,000 to support the saying of private masses for the Conrad family.

£10,000 for the maintenance and upkeep of the Conrad family gravesites.

£10,000 to support the saying of masses for the Conrad family in Malvern Chapel.

. Chapter 6. Which of the following cases is the odd one out?

Re Scarisbrack [1951]

Re Niyazi's WT [1973]

Dingle v Turner [1972]

IRC v McMullen [1981]

. Chapter 7. Which statement most closely states the rule on inalienability?

Property left for a purpose cannot be applied for a period more than a life in being plus 21 years.

Property must vest in a person within a life in being plus 21 years.

Property left for a purpose cannot be applied for more than 21 years.

Property must be given away to a charity at the end of the perpetuity period.

. Chapter 7. What do you think would not be an example of an unincorporated association?

Kenning Village Garden Club.

Kenning Village Book Club.

Bigger Stores Ltd.

Kenning Village Sports Club.

. Chapter 8. What is the name for the theory that secret trusts can be justified as they are not testamentary trusts but are in fact express trusts which are created inter vivos?

The Fraud Theory

Principle of formalities

Express trusts

Dehors the will

. Chapter 8. What principles can be taken from the case of Moss v Cooper (1861) 4 LT 790?

That communication can be by an agent and acceptance can be by silence.

That communication can be by an agent.

Acceptance can be by silence.

That communication can be in a sealed envelope.

. Chapter 9. When will a presumed resulting trust arise?

When property is purchased in the name of another person.

When there is the purchase of property in the name of another person or there is a transfer of property to another person who provides valuable consideration (a conveyance).

When a person's conscience is presumed to be affected by equity so that they cannot hold the property for themselves but have to hold it for another.

When there is the purchase of property in the name of another person or there is a transfer of property to another person who does not provide valuable consideration (a voluntary conveyance).

. Chapter 9. In rebutting a presumption which relies upon statements made in relation to a voluntary transfer or purchase in the name of another, who can rely on statements made after the transfer or purchase?

Only the person who did not make the statements.

Both parties.

Neither party.

No oral statements can be relied upon.

. Chapter 10. In Re Ball's ST [1968], Megarry J commented on the extent of the court's power to vary a trust under the Variation of Trusts Act 1958. Complete the missing word in the following quote:
'If an arrangement changes the whole ................. of the trust, then it may well be said that it cannot be regarded merely as varying that trust'.

Subsistence

Substance

Subject matter

Substratum

. Chapter 10. In Re Weston's ST [1969], which benefit did the court view as most important?

The financial benefits of moving the trust to Jersey.

The financial benefits of keeping the trust in England.

The social benefits to the children of moving to Jersey.

The social benefits to the children of staying in England.

. Chapter 11. Fred and Daphne are trustees. Unknown to Daphne, Fred takes £10,000 from the trust accounts to purchase a vintage bandana belonging to a famous Hollywood star known for his extensive collection of accessories. Just weeks after his purchase, the star who owned the scarf dies in mysterious circumstances, bringing fresh attention to him and his career. The scarf, which he wore in one of his most famous roles, is now worth £25,000. When Daphne and the beneficiaries discover Fred's action they seek advice from you on what they can claim.

Nothing

£10,000 (the money taken from the trust accounts)

£15,000 (the profit made on the money taken)

£25,000 (the current value of the scarf)

. Chapter 11. Timothy and Vanessa have agreed to act as trustees. Under the trust, which contains a range of property, including land, Lisa is to be entitled to the income for 20 years, after which time the remainder will pass to her children, Tyler and Kyle.
Tyler is 25 years old and is keen to start his own business, designing websites. He approaches Timothy and Vanessa to ask for an advancement on his entitlement.
Which statutory provision is most relevant to his request?

Section 31(1)(ii) Trustee Act 1925

Section 31(3) Trustee Act 1925

Section 32(1)(a) Trustee Act 1925

Section 32(1)(c) Trustee Act 1925

. Chapter 12. What are the requirements for a common law proprietary claim?

Possession of legal title to the property and the property remains unmixed.

Possession of the legal or equitable title to the property and the property remains unmixed.

Possession of the equitable title to the property.

That the property is not mixed with another persons.

. Chapter 12. What rule can be taken from the case of Roscoe v Winder [1915] 1 Ch 62?

That a trustee who takes money from a bank account which has his own and trust money in it is deemed to spend his own money first, the presumption of honesty.

That a payment of money into a bank account by a trustee who has previously taken trust money from that account in breach is not a repayment of the trust money unless clear intention for it to be so is evidenced.

That the presumption of honesty is reversed if a trustee takes money from a bank account which has his own money and trust money in it and after buying an asset with part of the money then dissipates the remainder. The presumption would be that the trustee actually spent trust money first in buying the asset and the money dissipated was his own.

That money in an account made up from trust money and trustee's own money is shared rateably.

. Chapter 13. Which of these is not an equitable remedy?

Specific performance.

Damages.

Injunction.

Rescission.

Diagnostic test

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