* not completed

. Identify the section of the Variation of Trusts Act 1958 which authorizes the court to give consent to a variation on behalf of the following beneficiaries:

1 - Any future children of a marriage.
2 - Susan (8) and Anna (14).
3 - Any of David's children who are working for the family business in 2020.
4 - Florence and her children, the beneficiaries under the discretionary trust, should Malcolm forfeit his entitlement under a protective trust by using heroin again.

i - Section 1(1)(a)
ii - Section 1(1)(b)
iii - Section 1(1)(c)
iv - Section 1(1)(d)

1 = i; 2 = iii; 3 = iv; 4 = ii correct incorrect

1 = iii; 2 = i; 3 = ii; 4 = iv correct incorrect

1 = ii; 2 = iv; 3 = iii; 4 = i correct incorrect

1 = iii; 2 = ii; 3 = i; 4 = iv correct incorrect

* not completed

. Section 1 Variation of Trusts Act 1958 requires any proposed arrangement to be of 'benefit' to the beneficiary on whose behalf the court is consenting.

This statement is:

True. correct incorrect

False. correct incorrect

True for beneficiaries under section 1(1)(a)-(c). correct incorrect

False, except for beneficiaries under section 1(1)(d) correct incorrect

* not completed

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

The financial benefits of moving the trust to Jersey. correct incorrect

The financial benefits of keeping the trust in England. correct incorrect

The social benefits to the children of moving to Jersey. correct incorrect

The social benefits to the children of staying in England. correct incorrect

* not completed

. The court may find an arrangement to delay a beneficiary's entitlement under a trust to be a benefit.
Which of the following cases illustrates this statement?

Re Holt's ST correct incorrect

Re Ball's ST correct incorrect

Re Downshire Settled Estates correct incorrect

Re T's ST correct incorrect

* not completed

. What is the ratio of the decision in Goulding v James (1997)?

The intentions of the settlor are only relevant insofar as they relate to those beneficiaries on whose behalf the court is being asked to give consent for a variation. correct incorrect

The intentions of the settlor must be respected, where they relate to those beneficiaries on whose behalf the court is being asked to give consent for a variation. correct incorrect

The intentions of the settlor are irrelevant in the court's decision whether to give consent for a variation. correct incorrect

Goulding v James (1997) confirms the decision in Re Steed's WT [1960] that the settlor's intentions must be followed when considering whether to approve a variation. correct incorrect