Chapter 5 Scenario Questions

Mildred leaves £1,000 to Tina in her will. She separately communicates with Tina that she wishes the £1,000 to be held on trust but fails to tell Tina who it is to be held on trust for. After Mildred's death, Tina finds a letter saying Mildred wishes the £1,000 to be held on trust for Ramone.
Is the trust valid and, if so, what is the position of Ramone?

The trust is not valid because it is not possible to create a trust that is contrary to the terms of a will.

The trust is not valid because the three certainties are not established. The legatee must know who the beneficiary is.

The trust is valid because all that is required is for Ramone to prove that Mildred intended something different from what appeared in the will.

The trust is valid but Ramone has no way of enforcing it because it is contrary to the will.

Xerxes declares a trust in favour of Eugene with Fred as trustee.
Prior to the vesting of the legal title in Fred, can Xerxes change his mind?

Xerxes can change his mind.

Xerxes cannot change his mind.

Xerxes can formally request Fred to refuse to recognize the trust.

Xerxes has lost all rights to the property.

Patricia holds the legal title to shares. She declares a trust of the shares in favour of X Charity and declares that Larry and Lauren will be co-trustees. Patricia dies before the legal title is transferred to the other trustees.
Is this a validly constituted trust?
There may be more than one correct answer.

No, because Patricia had just declared the trust and had not properly constituted it by transferring legal title to all of the trustees, the trust fails.

No, because Patricia is free to change her mind. Her untimely death should not change that.

Yes, because Patricia held the legal title and so the trust is validly constituted even if the other trustees do not yet have legal title.

Yes, because if Patricia had survived, she could not have changed her mind as her conscience was bound.

Florina owns shares. She declares a gift of those shares in favour of Rafel. She signs the relevant transfer documents and posts them to Rafel but dies before Rafel receives the documents, and so before he can be registered as the owner. Accordingly, Florina holds the legal title to the shares when she dies.
Can Equity save this failed gift?

No. Florina did most of the things required of her, but she failed to deliver the documents to Rafel and so Equity will not save the gift.

No. Equity would have saved the failed gift but Florina has died and so she cannot be a constructive trustee of the shares for Rafel.

Yes. Florina did everything that it was essential for her to do in order to transfer the shares. Equity will treat the gift as perfect even though it is imperfect at law.

Yes. All that is required is that Florina exhibited the necessary intention to make a gift and did some of the things required of her to transfer the shares.

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