03. Express trusts - certanties, constitution etc. web links

03. Express trusts - certanties, constitution etc. web links

Capacity and formality requirements

John Child, Purposive Construction in the Law of Trusts [2000] PCB 238


When the mail-order Christmas Hamper firm farepak went insolvent just before Christmas 2006, it became a big news story nationwide. See the BBC news item “Bleak Christmas for hamper firm” (http://news.bbc.co.uk/1/hi/business/6054882.stm). For the trusts law issues raised by the case see Re Farepak Foods and Gifts Limited (In Administration) [2006] EWHC 3272 (Ch)


The Mental Capacity Act 2005 came fully into force on 1 October 2007


The following is a link to a web site containing an enthusiast's account of the so-called Shavian alphabet. The will of George Bernard Shaw failed in its attempt to establish a trust for the purpose of research into this alphabet (Re Shaw [1957] 1 W.L.R. 729). The trust was held not to be a trust for the charitable purpose and therefore failed as being a trust purely for private purposes. However, the residuary beneficiaries of his will graciously awarded a prize to the best translation into the alphabet of one of Shaw's plays, and the alphabet has had enthusiastic supporters ever since.


John Mowbray Q.C. 'Choosing Among the Beneficiaries of Discretionary Trusts'


A full text article on the discretion in discretionary trusts, from the website of James Kessler, Barrister, the author of Drafting Trusts and Will Trusts (London: Sweet & Maxwell)

Hunting Act 2004


"Will leaves cat in clover" (BBC news report)


Constitution of trusts

Law Commission 'Contracts for the Benefit of Third Parties' Report No. 242 (1996) Cmnd 3329.


The case report of Pennington v Waine (2002) CA


Contracts (Rights of Third Parties) Act 1999


King v. Chiltern Dog Rescue (a.k.a King v Dubrey)


Court of Appeal on donatio mortis causa

Day v Royal College of Music (2013) (a.k.a Day v Harris [2013] EWCA Civ 191)


Court of Appeal decision on the rule in Strong v Bird

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