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Chapter 13 Multiple choice questions
Return to Complete Equity and Trusts 5e Resources
Chapter 13 Multiple choice questions
Quiz Content
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not completed
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Under the rule in
Saunders v Vautier
(1841) Cr & Ph 240, the beneficiaries may
Vary the trust
correct
incorrect
Create a new trust
correct
incorrect
Give directions to the trustees
correct
incorrect
End the trust
correct
incorrect
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What is unusual about the decision in
Hambro v Duke of Marlborough
[1994] Ch 158?
A beneficiary's equitable interest was changed
correct
incorrect
A trust created by an Act of Parliament was changed
correct
incorrect
A trust was varied without the consent of an adult beneficiary
correct
incorrect
A protective trust was used
correct
incorrect
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An 'arrangement' under the Variation of Trusts Act 1958 allows the court:
To make any change to the trust that the court thinks fit
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To only change the powers and duties of the trustees
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To change everything except the main purpose of the trust
correct
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To change only the equitable interests
correct
incorrect
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Under section 1 (1) of the Variation of Trusts Act 1958 the court may give its consent to a variation for those who cannot consent for themselves. For which of the following could the court
not
give its consent?
A ten year old child
correct
incorrect
The husband that a single beneficiary might marry at some time in the future
correct
incorrect
An unborn child
correct
incorrect
A 21 year old life interest
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incorrect
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In which of the following situations should the court refuse consent to a variation of trust?
It is not for the benefit of all the beneficiaries for whom the court must give consent
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It is not for the benefit of all the living beneficiaries
correct
incorrect
It is contrary to the expressed wishes of the testator or settlor
correct
incorrect
The variation may save the beneficiaries tax
correct
incorrect
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Why did Lord Denning
not
allow the proposed variation of trust in
Re Weston
[1969] 1 Ch 223?
Tax saving is not permitted under variation of trust
correct
incorrect
Jersey is not a suitable place for children to live
correct
incorrect
Relocation of a trust to another jurisdiction is only allowed if the move is genuine and permanent
correct
incorrect
Children should be brought up in England
correct
incorrect
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not completed
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Why was the variation of trust agreed in
In Re Remnant's Settlement Trusts
[1970] 1 Ch 560?
Religious discrimination is not permitted under the Human Rights Act 1998
correct
incorrect
It was for the benefit of the children to avoid family dissension
correct
incorrect
The families agreed
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It respected the intention of the testator
correct
incorrect
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When a variation is authorized in order to save tax, the court must be satisfied that
All the beneficiaries will be better off
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All the beneficiaries for whom the court is consenting will be better off
correct
incorrect
All the beneficiaries for whom the court is consenting are taking a risk that an adult would take
correct
incorrect
The children will be better off
correct
incorrect
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