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Trusts - 1994

Trusts law. This also covers law relating to trustees and trusteeship. See also Equity.

These cases are extracted from a very large database. The entries on that database are now being published individually to the main swarb.co.uk website in a much improved form. As cases are published here, the entry here will be replaced by a link to the same case in that improved form on swarb.co.uk. In addition the swarb.co.uk site includes very substantial numbers of cases after 2000. Please take the time to look.  

This page lists 10 cases, and was prepared on 06 June 2013. These case are being transferred one by one to the main swarb.co.uk site which presents them better, with links to full text where we have it, and much improved cross referencing.
In re Dale dec'd [1994] Ch 31
1994
ChD
Morritt J
Trusts, Wills and Probate

1 Citers
The taking of a benefit on the strength of a binding engagement is enough to create a constructive trust. For this doctrine to apply there must be a contract at law. For the doctrine of mutual wills to apply it is not necessary that the second testator take a personal direct benefit under the other will.
Re Biddencare Ltd [1994] 2 BCLC 160
1994
ChD
Mary Arden QC
Trusts Casemap
1 Cites
1 Citers
The court set out the principles applicable on making a Beddoe application. The court should consider the strength of the case, the likely costs order in the eventual proceedings, and the justice of the application itself.
Abbey National plc -v- Moss and Others [1994] 1 FLR 307
1994
CA
Peter Gibson LJ, Hirst LJ
Land, Trusts Casemap

Mrs Moss inherited the former matrimonial home. Her daughter (L) suggested that she transfer it into their joint names to ease its transfer on her motherís death. It was agreed the house would never be sold during Mrs Mossís lifetime. L borrowed £30,000 using the house as security and forged her motherís signature on the charge. Mrs Moss did not know of the mortgage. They fell out and L left and ceased to make payments. The chargee sought to recover the arrears, possession of the property and also made an application for an order for sale under s. 30. The judge ordered sale. Held: (by Majority) The position created by the transfer into joint names subject to the agreement that the property was not to be sold in the motherís lifetime was that the trust for sale thereby created could not be implemented without the motherís consent. The assignee of a donee could not acquire a better right than the donee had, but took his interest subject to all the equities effecting the interest of the donee. In proceedings apart from s. 30, the court would not allow the trustees for sale to ignore the requirement of consent, and although in proceedings under s. 30 the court had a wide discretion to override the refusal of trustees for sale to sell on the application of any person interested, the trust for sale would not be enforced so long as there was a collateral purpose still subsisting requiring the retention of the property. The judge had been wrong to hold that the collateral purpose of the agreement had come to an end by reason of the daughter losing her beneficial interest through the mortgage, and his an error of law required the Court of Appeal to exercise its discretion under s. 30 afresh. It did so and refused an order for sale. "Again apart from s. 30, I apprehend that an assignee of the donee would be held not to be in any better position than the donee to ignore the requirements of Mrs Mossís concern to a sale." Hirst LJ (dissenting) would have upheld the judgeís decision only being unwilling to interfere with an exercise of a judge's discretion under s30. S30 gives the court a discretionary power to order sale, even where the respondent to an applicationís interest in the property ranks before that of the applicant. The house was registered land and Mrs Moss was in occupation and that therefore s. 70(1)(g) would have applied. Nevertheless neither counsel for Mrs Moss nor the judge nor any member of this court suggested that the building societyís s. 30 application was defeated by the operation of that sub-section
Law of Property Act 1925 30 - Land Registration Act 1925 70(1)(g)
re Goldcorp Exchange Ltd [1994] 2 All ER 806
1994

Trusts Casemap

Hunter -v- Moss
14 Jan 1994
CA
Company, Trusts
An oral trust of part of a shareholding was not void because the shares were indistinguishable.
Hambro and Others -v- The Duke of Marlborough and Others
25 Mar 1994
ChD
Trusts
A scheme to transfer benefits without consent of the beneficiary was approved. The court may vary trusts against the wishes of a beneficiary even of full age and capacity.
Settled Land Act 1925 64
McHardy and Sons (A Firm) -v- Warren and Another [1994] 2 FLR 338
8 Apr 1994
CA
Lord Justice Dillon
Trusts Casemap
1 Citers
A gift of the deposit to a couple can create an equal interest in the home for the spouses though the house is purchased in one name only: "To my mind it is irresistible conclusion that where a parent pays the deposit, either directly to the solicitors or to the bride and groom, it matters not which, on the purchase of their first matrimonial home, it is the intention of all three of them that the bride and groom should have equal interests in the matrimonial home, not interests measured by reference to the percentage half the deposit [bears] to the full price."
Bishopsgate Investment Management Ltd -v- Homan and Others
14 Jul 1994
ChD
Trusts, Equity
1 Cites
1 Citers
A tracing remedy is defeated when the account into which the money is paid is overdrawn.
Alsop Wilkinson -v- Neary and Others [1995] 1 All ER 431
4 Nov 1994
ChD
Lightman J
Trusts
1 Cites
The second defendant, a solicitor, had fraudulently taken money from trusts, and paid money into trusts for his own family. It was claimed that the payments were intended to defeat the recovery of the funds. The trustees sought protection on costs through a Beddoe application. Held: Trustees who sought directions from the court on whether to defend an action, should ask that question in separate proceedings begun for that purpose. By applying within the proceedings, they exposed the strengths and weaknesses of the trustees' case: "it would be quite inappropriate for all this to be revealed to the court which has to try the case or the other parties to the litigation." Nor did the application bring the necessary parties before the court. A trustee has a duty to remain neutral when the trust faces hostile litigation regarding the validity of trust itself.
Insolvency Act 1986 423
In Re Duxbury's Settlement Trusts; CA 21-Nov-1994

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