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. In which one of the following cases would the testamentary disposition take effect as a trust?

I leave £100,000 to B, feeling confident that B will look after my uncle. correct incorrect

I leave £100,000 to B desiring that B should distribute it amongst my cousins. correct incorrect

I leave £100,000 to B, with the intention that she should hold it for the benefit of my nieces. correct incorrect

I leave £100,000 to B, requesting that she should provide for the grandchildren. correct incorrect

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. K Ltd ran a mail order business, the customers of which paid either a deposit or the full price in advance. Fearing insolvency, the company set up a 'Customers' Trust Deposit Account' to hold customers' monies until their goods were delivered to them, and thereafter paid customers' monies into that account. Soon afterwards K Ltd went into voluntary liquidation. What would be the outcome?

The money would pass to the Crown as bona vacantia. correct incorrect

The customer trust would be void as an attempt to defraud creditors. correct incorrect

A resulting trust for the creditors. correct incorrect

An express trust for the customers. correct incorrect

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. What is the consequence where the will of X leaves the "bulk" of his residuary estate to Y?

No gift or trust. correct incorrect

A gift of the greater part of the residue to Y. correct incorrect

A gift of the bulk to Y. correct incorrect

A resulting trust to X. correct incorrect

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. I have 80 cans of cola drink which are virtually identical, although some are a day or two older than the others and one or two have slight dents. If I declare a trust of "20 cans of cola drink from my 80 cans of cola drink", what have I achieved (assuming the object is certain)?

A trust that fails for uncertainty of object. correct incorrect

A valid trust of one quarter of the lot? correct incorrect

A valid trust of 20 cans of my choosing. correct incorrect

A valid trust of 20 cans of the beneficiary's choosing. correct incorrect

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. A testator left realty and personalty to his wife by his will 'for the term of her natural life to be disposed of as she may think proper for her own use and benefit', providing further that, 'in the event of her decease should there be anything remaining of the said property or any part thereof', the said remainder should pass to certain named persons. What interest does the will create for the wife?

Nothing correct incorrect

A gift subject to a charge. correct incorrect

A life interest for the widow. correct incorrect

An absolute gift to the wife. correct incorrect

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. Which of the following types of trust is void?

A trust for the saying of private masses. correct incorrect

A trust for the invention of a new pan-European language. correct incorrect

A trust for purposes beneficial to the public. correct incorrect

A trust to build a swimming pool for the employees of Cocorp Ltd. correct incorrect

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. McPhail v Doulton (Re Baden's Deed Trusts No. 1) [1971] AC 424, House of Lords. Which of the following dispositions is a mere power of appointment and not a trust?

£10K to my wife to be distributed amongst my cousins if she may think fit. correct incorrect

£10K to my wife to be distributed amongst my cousins as she may think fit. correct incorrect

£10K to my wife to be distributed amongst my cousins as she may think fit and any money not applied this year to be retained for future distribution. correct incorrect

£10K to my wife to be distributed at her discretion between my cousins. correct incorrect

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. Which of the following is NOT an accurate summary of the judgments in the Court of Appeal in Re Baden's Deed Trusts (No. 2) [1973] Ch. 9?

Stamp LJ took 'relatives' of X, to mean X's statutory next-of-kin. correct incorrect

Sachs LJ took the view that even if 'relatives' was given 'a very wide meaning', i.e., any persons who can 'trace legal descent from a common ancestor', there would not be conceptual uncertainty and the trust would be valid. correct incorrect

Their lordships agreed that, while conceptually certain, a discretionary trust for "relatives" must fail on the ground of administrative uncertainty. correct incorrect

Megaw LJ suggested, that a discretionary trust will only be valid where there is evidence that a 'substantial number' of beneficiaries will fall within the class. correct incorrect

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. In this chapter we discovered the meaning of the 'right of survivorship'. Which of the following definitions fits it best?

It is a way of inheriting property outright where an asset is owned 'jointly', so that each owner can be said to own the whole of the asset, and one of the joint tenants dies. correct incorrect

It is a way of inheriting property in shares where an asset is owned 'jointly', so that each owner can be said to own the whole of the asset, and one of the joint tenants dies. correct incorrect

Where an asset is owned 'jointly', so that each owner can be said to own the whole of the asset, on the death of one joint tenant the survivor remains owner of the whole by 'right of survivorship'. correct incorrect

It is a way of inheriting property outright where an asset is owned by joint tenants in shares and one of the joint tenants dies. correct incorrect

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. Courts have traditionally found ways of making trusts sufficiently certain for practical purposes and that they did so successfully in Hunter v Moss. All that is required in theory and for practical workability is that the size of the total bulk be identified as well as the size of the part to be held in trust (whether the part is identified by number of units or by a percentage proportion of the whole). Trustees can then be held to their fiduciary duty to keep the trust part separate from the rest. This summarizes the argument of which scholar?

Professor Sarah Worthington correct incorrect

Professor David Hayton correct incorrect

Professor Peter Birks correct incorrect

Professor Paul Matthews correct incorrect