HD (85) Trusts Notes - detailed casebook summaries and decision trees/exam script for each topic!

Description

These notes helped me achieve an 85 in trusts! A HD in both the midsem and the exam! They are extremely detailed and are easy to follow with a step by step guide. Each case summary is broken up into facts, issues, held and rule (where applicable). The casebook contains summaries for the below topics: Creation of an express trust Consequences of creating a trust Certainty of intention Imprecise words Imprecise words & other avenues Objective intention Immediacy of intention Certainty of subject matter identifiability Trust structures Trusts & powers Rights of beneficiaries and objects compared Certainty of objects Quistclose trust Charitable trusts Concept of charity The heads of charity Trusts for mixed charitable and non-charitable purposes Doctrine of cy-pres Statutory writing formalities Constituting the trust Duties and powers of trustees Equitable principles Duty to avoid conflicts of interest Duty to act gratuitously Duty to act personally Duty to act in the interest of beneficiaries and to get in trust assets Meaning of investment under the Trustee Acts Duty to act with reasonable prudence Duty to act impartially Duty to keep accounts and inform Exercise of power or discretion Duty to consider whether or not to exercise a discretionary power Trustee must exercise the discretion in accordance with the purpose for which the power was conferred Obligation to form an opinion is different to the obligation to properly exercise a discretion Defences and limitations on liability Liability exclusions in deeds Trustees who have acted honestly and reasonably Beneficiary consent Rights of trustees Right of indemnity Out of trust assets Against beneficiaries personally Right to approach the court Rights of beneficiaries Right to call for trust property Right to remove trustee Variation of beneficiaries’ rights Remedies for breach of trust Personal remedies Proprietary remedies The detailed step-by-step decision trees/exam script includes: Requirements for a valid trust: the three certainties + other formalities Trust structure & the power attached Constitution Statutory writing formalities Quistclose trusts Charitable trusts Trustees duties Trustee’s rights Variation of beneficiaries’ rights Remedies Note the sample dictates "error bookmark missing" as I copied and pasted an example of the actual table of contents from the large notes document.