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Return to Land Law: Directions 8e Resources
Chapter 11 Self-test questions
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Which of the following statements is correct?
Trustees in a trust of land cannot exercise any of the powers of an absolute owner.
correct
incorrect
Trustees in a trust of land can exercise any of the powers of an absolute owner.
correct
incorrect
Trustees in a trust of land can exercise any of the powers of an absolute owner, except that of selling the land.
correct
incorrect
Trustees in a trust of land can exercise only some of the powers of an absolute owner.
correct
incorrect
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Which of the following statements is correct? Please select all that apply.
The settlor may exclude the duty of the trustees to consult with the beneficiaries before exercising their powers.
correct
incorrect
The trustees should, so far as practicable, consult with the adult beneficiaries who have an interest in possession.
correct
incorrect
The trustees have no statutory duty to consult with the beneficiaries in any circumstances.
correct
incorrect
The trustees do not have a statutory duty to consult with the beneficiaries under some circumstances (for example, in trusts arising from or created in wills made before the Act came into force).
correct
incorrect
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Only a beneficiary with an interest in possession is entitled to occupy the property.
True
correct
incorrect
False
correct
incorrect
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Which of the following statements is correct? Please select all that apply.
In restricting or excluding a beneficiary from occupation of the land, trustees may not act unreasonably in making the decision.
correct
incorrect
In restricting or excluding a beneficiary from occupation of the land, trustees may not restrict a beneficiary's entitlement to occupy to any unreasonable extent.
correct
incorrect
In restricting or excluding a beneficiary from occupation of the land, trustees may not under any circumstances remove a beneficiary who is already in occupation of the land.
correct
incorrect
In restricting or excluding a beneficiary from occupation of the land, trustees may not exclude all of the beneficiaries from occupation of the land.
correct
incorrect
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In order to make an application to the court under s.14 of TOLATA, the applicant must have an ________ in the land.
Your response
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In making a decision under s.14 of TOLATA, the court must take into account the following factors. Please select all that apply.
The intention of the person(s) who created the trust.
correct
incorrect
The purpose for which the trust property is held.
correct
incorrect
The welfare of any minor who occupies or might reasonably be expected to occupy the trust property as his or her home.
correct
incorrect
The interests of any secured creditor of any beneficiary.
correct
incorrect
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In making its decision under s.14 of TOLATA, by reference to the factors outlined in s.15, the court must give priority to the interests of any secured creditor.
True
correct
incorrect
False
correct
incorrect
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When a trustee in bankruptcy makes an application under s.14 of TOLATA, the court need not take account of the factors given in s.15.
True
correct
incorrect
False
correct
incorrect
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Which of the following statements is correct?
If the trustee in bankruptcy makes an application to the court under s.14 of TOLATA more than one year after the bankruptcy, then the court must give the interests of the bankrupt's creditors priority, whatever the circumstances.
correct
incorrect
If the trustee in bankruptcy makes an application to the court under s.14 of TOLATA more than one year after the bankruptcy, then the court must give the interests of the bankrupt's creditors priority, unless there are exceptional circumstances.
correct
incorrect
If the trustee in bankruptcy makes an application to the court under s.14 of TOLATA more than one year after the bankruptcy, then the court must ignore the interests of the bankrupt's creditors.
correct
incorrect
If the trustee in bankruptcy makes an application to the court under s.14 of TOLATA more than one year after the bankruptcy, then the court can do as it sees fit.
correct
incorrect
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Under TOLATA 1996, the trustees ___ sell the trust property.
Your response
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