Self-test questions: Constituting the Trust and Family Home

. According to Milroy v Lord, how many method are there of validly creating an express trust?

. Where there is self-declaration by the settlor as trustee, must there be a transfer of the trust property?

. Where a third party is declared as a trustee, must there be a transfer of the trust property?

. Which of these is not a requirement of an express trust?

. Under s53(1)(b) Law of Property Act 1925, what are the requirements for a declaration of trust over land?

. Why did the court in Paul v Constance conclude that there was an effective declaration of trust?

. Transfers of land to a trustee must be made by which document?

. Which three actions must be completed for shares in a private company to be successfully transferred?

. Under the rule in Re Rose, what must the transferor do for Equity to treat a transfer that requires registration as having been completed?

. According to Pennington v Waine, when will Equity regard an incomplete transfer of shares are being transferred?

. What additional requirement did Curtis v Pullbrook add to the rule in Pennington v Waine?

. Which of the following is not a requirement of the rule in Strong v Bird?

. Which of the follow options are the three requirements of a donatio mortis causa?

. Which of the following cannot form the subject matter of a donatio moris causa?

. In the case of Strong v Bird, what document was required for the debt owed to the step-mother to be discharged during her lifetime?

. Hilary wishes to declare a trust over a holiday home she owns in favour of her nephew. Will she be required to transfer legal ownership of the holiday home?

. Navinder wants to look after his niece financially, but does not have the time to actively look after the assets he wishes to leave her. He therefore wants his friend, Narendra, to look after a house and valuable gold watch. What actions will Navinder have to undertake to constitute the trust?

. Millie recently won some Premium Bonds and paid them in a joint account she shares with her partner. She repeatedly referred to the moneys as 'our little nest egg - that's our deposit moneys for the house' when talking to her partner. Millie passed away a few weeks ago, and her parents are now claiming the moneys. Did Millie effectively declare a trust over the moneys for her and her partner?

. Harpreet wishes to create a trust over some shares she owns in a private company for the benefit of her parents, and wants her assistant Giovanna to act as trustee. Which of the following actions must Harpreet undertake to effectively transfer the shares?

. Harpreet has tried to transfer some shares in a private company to Giovanna, however, before she could do so, she passed away. She has completed the share transfer form, and placed it along with the share certificates in an unaddressed envelope. Will the rule in Re Rose consider the transfer as having been completed?

. Slobodan wanted to transfer some shares in a private company to his sister, Jana, so that she would become a director of a company. He had informed her on several occasions that he would transfer the shares to her, but the most he did was fill in a share transfer form. Which equitable doctrine will apply and treat the transfer as having been completed?

. Daoning was very fond of his maid, Lin, and wanted her to have his house after he passed away. However, he never changed his will to reflect this fact, but as he had no family, Lin had already been appointed the executor of his estate. Daoning passed away last week. Will the rule in Strong v Bird apply to complete the gift to Lin?

. Winston was an elderly recluse, but had a daughter from a brief relationship. Approaching the end of his life, he decided to reach out to her and promise her that he would leave her his house when he passed away. However, a few days before he passed away he fell in love with his nurse, and decided to leave her his house, but appointed his daughter as executor of his estate. He therefore drew up a cheque to the same value as the house, with the memo reading 'instead of the house'. Why will the rule in Strong v Bird not apply?

. Mihal was recently been diagnosed with cancer of the toe, and decided to leave his collection of porcelain Pingus to his gardener. He did not reflect this in his will, and was hit by a car last week and died instantly. Did Mihal have sufficient contemplation of imminent death for the purposes of a donatio mortis causa?

. Friedrich recently suffered a heart attack at work, and wished to leave his office romance, Talia, his second favourite holiday home. The house is unregistered land, and as Friedrich lives at the office, had the key for the house at the office. He therefore handed over the front door key to Talia, and also gave her a key to a safe in Holborn which he said 'contained…all the…documents you'll need…'. Friedrich passed away 10 minutes later, and upon checking the safe, Talia found the title deeds. Did Friedrich make a valid donatio mortis causa of the house to Talia?

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