Charitable Trusts: One of the most significant changes made by the Charities Act 2009 came in s.39 of that Act‚ which established a ‘Charities Regulatory Body’ to regulate charities. Case law still largely defines ‘charitable purpose’. The main advantage of being classified as a charitable purpose trust is that many of the disadvantages which would apply otherwise can be avoided; the rule against perpetuities doesn’t apply (although the trust must vest in a perpetuity period); the rule against
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VARIATION OF TRUST 9.1 Introduction It means in what circumstances changes can be made in the terms of the trust. After a trust has been validly created‚ it becomes apparent that it might be better that original terms were altered. Hence‚ variation of trust allows the trustees to do things beyond their powers. CASE LAW: Saunders v/s Gautier: It states that changes can be made in the Trust. Hence‚ the general rule is that the original trust probate must be obtained and a breach of trust will be committed
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existed at the when the gift was made but ceased on the date it is to be executed. * Eg : A make a will to give RM1million to XXX charity in 1995 . A died in 2002. XXX charity ceased in 2000. a) Width of charitable intent * Where a charitable trust fails as being effective on the date of the gift‚ the gift will lapse of the property will apply cy pres * Only if the court finds a wider intent‚ cy pres will be applicable. RE RYMER [1984] 1 Ch 143 * A legacy to the rector for
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Project Background Providian trust head quartered in New York‚ delivered financial and fiduciary services through a network of 216 branches. In 1994‚ this company managed $49.4 billion in trust asset with a staff of 840 full time employees. Sixty percent of company’s fee income and 9% of gross earnings generated by its fiduciary business that year. Though they had a huge team working on the front and back office handling and record keeping and settling activities‚ there was always a chance for
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reminded of the phrase "Circle of Trust". The words are simple enough‚ but the meaning behind it is so profound. According to Palmer‚ the circle of trust is not just about familiar and comfortable relationships between family‚ friends and loved ones. The circle of trust is truly about the relationship that a person builds or creates within every space of their lives. Rather that space be your personal life‚ your cultural interactions or your vocational life. "A circle of trust can form wherever two or three
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Law 3240 and 5760 Equity and Trusts Seminar 3 The Three Certainties: Certainty of Intention‚ Certainty of Subject Matter‚ and Introduction to Certainty of Objects Essential Reading Martin‚ Hanbury & Martin: Modern Equity (19th ed.‚ Sweet & Maxwell‚ 2012) 97-107; or Watt‚ Trusts and Equity (5th ed.‚ Oxford University Press‚ 2012)‚ 77-92; or Wilson‚ Todd and Wilson’s Textbook on Trusts (10th ed. Oxford University Press‚ 2011)‚ 53-72 AND
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a. The Re-Denley Principle and Beneficiary Principle. A trust is created by a settlor or a grantor‚ transferring property to a trustee to hold in trust for stipulated purposes and may be created inter vivos or on death by will[1]. This implies that a trust is formed when a person transfers a property or rights to another person who holds it for a third party. There are many reasons why trusts are created. The most common reason is where the intended beneficiary of a right is not capable of
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Trust is‚ something that one will have faith in another entity. For example is a trust that a parent has when they leave the house in the hands of their teenagers hoping that they wont burn it down while they are away. In the short story‚ “Defender of the Faith”‚ Philip Roth uses imagery and characterization‚ to show why taking advantage of ones trust can make an individual act harshly. The “Defender of the Faith” is set in 1945‚ post to WWII‚ a military training camp in Missouri USA. The
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Queen Mary University of London School of Law LAW OF PROPERTY II EQUITY & TRUSTS Syllabus The nature of equity and the trust Express trusts o Certainty of intention‚ subject matter and objects o The beneficiary principle o The constitution of trusts o The duties of trustees and breach of trust Resulting trusts Quistclose trusts Constructive trusts Trusts of homes Personal liability to account Tracing Lecture - Course Documents 2009-10 1 Queen Mary University of London
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A. There are 4 main pieces of legislation that are collectively known as the Anti-trust laws. They are the Sherman Antitrust Act‚ The Federal Trade commission Act‚ The Clayton Antitrust Act and the Celler-Kefauver Act. The Sherman Antitrust Act is legislation enacted to protect Americans against monopolies. It makes it illegal to make contracts or conspire to restrict trade or commerce. It also outlaws monopolies. The Federal Trade Commission Act established the Federal Trade Commission and set
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