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Resulting Trusts In English Law
Resulting trusts in English law are trusts created where property is not properly disposed of. It comes from the Latin ''resultare'', meaning to spring back, and was defined by Megarry VC as "essentially a property concept; any property that a man does not effectually dispose of remains his own". These trusts come in two forms: automatic resulting trusts, and presumed resulting trusts. Automatic resulting trusts arise from a "gap" in the equitable title of property. The equitable maxim "equity abhors a vacuum" is followed: it is against principle for a piece of property to have no owner. As such, the courts assign the property to somebody in a resulting trust to avoid this becoming an issue. They occur in one of four situations: where there is no declaration of trust, where an express trust fails, where there is surplus property, or upon the dissolution of an unincorporated association. Rules differ depending on the situation and the type of original trust under dispute; fai ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William M James The Judge
William is a masculine given name of Germanic languages, Germanic origin. It became popular in England after the Norman Conquest, Norman conquest in 1066,All Things William"Meaning & Origin of the Name"/ref> and remained so throughout the Middle Ages and into the modern era. It is sometimes abbreviated "Wm." Shortened familiar versions in English include Will (given name), Will or Wil, Wills, Willy, Willie, Bill (given name), Bill, Billie (given name), Billie, and Billy (name), Billy. A common Irish people, Irish form is Liam. Scottish people, Scottish diminutives include Wull, Willie or Wullie (as in Oor Wullie). Female forms include Willa, Willemina, Wilma (given name), Wilma and Wilhelmina (given name), Wilhelmina. Etymology William is related to the German language, German given name ''Wilhelm''. Both ultimately descend from Proto-Germanic ''*Wiljahelmaz'', with a direct cognate also in the Old Norse name ''Vilhjalmr'' and a West Germanic borrowing into Medieval Latin ''Wil ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constructive Trusts In English Law
Constructive trusts in English law are a form of trust created by the English law courts primarily where the defendant has dealt with property in an "unconscionable manner"—but also in other circumstances. The property is held in "constructive trust" for the harmed party, obliging the defendant to look after it. The main factors that lead to a constructive trust are unconscionable dealings with property, profits from unlawful acts, and unauthorised profits by a fiduciary. Where the owner of a property deals with it in a way that denies or impedes the rights of some other person over that property, the courts may order that owner to hold it in constructive trust. Where someone profits from unlawful acts, such as murder, fraud, or bribery, these profits may also be held in constructive trust. The most common of these is bribery, which requires that the person be in a fiduciary office. Certain offices, such as those of trustee and company director, are always fiduciary offices. Co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Re Osoba
is an English trusts law case, concerning the construction of a trust to benefit people, rather than a purpose. Facts Mr. Patrick Osoba had left his wife and family property in Nigeria and elsewhere. It was given to his wife "for her maintenance and for the training of my daughter, Abiola, up to university grade and for the maintenance of my aged mother". It was argued by a son from another marriage that the trust for the daughter was invalid, since it could be regarded as only being for a purpose. In the High Court, Megarry VC held that the true construction was that the money was held on trust for the wife, daughter and mother, absolutely as joint tenants. Judgment Goff LJ upheld the High Court on the main point that the property was given to the daughter on trust absolutely, so nothing resulted to the testator’s estate. Buckley LJ concurred and said the following.9791 WLR 247, 257 Eveleigh LJ concurred. See also * English trust law English trust law con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Re Trusts Of The Abbot Fund
Re or RE may refer to: Arts, media and entertainment * '' ...Re'', a 2016 Indian Kannada-language film * ''Realencyclopädie der classischen Altertumswissenschaft'', a German encyclopedia of classical scholarship * ''Resident Evil'', a horror game franchise Music * Re, the second syllable of the scale in solfège ** D (musical note) or Re, the second note of the musical scale in ''fixed do'' solfège * Re: (band), a musical duo based in Canada and the US Albums * ''Re'' (Café Tacuba album) * ''Re'' (Les Rita Mitsouko album) * '' Re.'', by Aya Ueto * ''Re:'' (EP), by Kard Language * ''re'' (interjection), in Greek * Re (kana) (れ and レ), Japanese syllables * ''In re'', Latin for 'in the matter of...' ** RE: and Re:, a standard email subject line prefix Organisations * Renew Europe, a political group in the European Parliament * Renovación Española, a former Spanish monarchist political party * Royal Engineers, a part of the British Army * Royal Society of Painter-Pri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bona Vacantia
Unowned property includes tangible, physical things that are capable of being reduced to being property owned by a person but are not owned by anyone. ' (Latin for "ownerless goods") is a legal concept associated with the unowned property, which exists in various jurisdictions, with a consequently varying application, but with origins mostly in English law. Nearly every piece of land on the Earth is a property and has a maintainer (owner). The class of objects, "unowned things", are objects which are not yet property; either because it has been agreed by sovereign nations that no one can own them, or because no person, or other entity, has made a claim of ownership. The most common unowned things are asteroids. The UN's Outer Space Treaty does not address the issue of private ownership of natural objects in space. All asteroids remain unowned things until some person or entity makes a claim of property right to one of them. In an experimental legal case of first impression, a laws ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Crown
The Crown is a political concept used in Commonwealth realms. Depending on the context used, it generally refers to the entirety of the State (polity), state (or in federal realms, the relevant level of government in that state), the executive government specifically or only to the monarch and their Viceroy, direct representatives. The term can be used to refer to the rule of law; or to the functions of executive (government), executive (the Crown-King-in-Council, in-council), legislative (the Crown-in-parliament), and judicial (the Crown on the bench) governance and the civil service. The concept of the Crown as a corporation sole developed first in the Kingdom of England as a separation of the physical crown and property of the kingdom from the person and personal property of the monarch. It spread through English and later British colonisation and developed into an imperial crown, which rooted it in the legal lexicon of all 15 Commonwealth realms, their various dependencies, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Simpson V Simpson
Simpson may refer to: * Simpson (name), a British surname Organizations Schools *Simpson College, in Indianola, Iowa * Simpson University, in Redding, California Businesses * Simpson (appliance manufacturer), former manufacturer and brand of whitegoods in Australia * Simpson Investment Company, an American holding company, formerly a forest products manufacturer * Simpson Manufacturing Company, an engineering firm and building materials producer in the United States * Simpson Performance Products, an American motorsports parts supplier *Simpson Thacher & Bartlett, a law firm *Simpsons (department store), a defunct Canadian department store * Simpsons of Piccadilly, a defunct clothing store in London *Simpson's-in-the-Strand, one of London's oldest traditional English restaurants Places Australia * Simpson, Northern Territory, a locality * Simpson, Victoria, a town * Simpson Conservation Park, a protected area in South Australia *Simpson Desert, a desert located in Queensland ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chichester Diocesan Fund V Simpson
Chichester ( ) is a cathedral city and civil parish in the Chichester district of West Sussex, England.OS Explorer map 120: Chichester, South Harting and Selsey Scale: 1:25 000. Publisher:Ordnance Survey – Southampton B2 edition. Publishing Date:2009. It is the only city in West Sussex and is its county town. It was a Roman and Anglo-Saxon settlement and a major market town from those times through Norman and medieval times to the present day. It is the seat of the Church of England Diocese of Chichester and is home to a 12th-century cathedral. The city has two main watercourses: the Chichester Canal and the River Lavant. The Lavant, a winterbourne, runs to the south of the city walls; it is hidden mostly in culverts when close to the city centre. History Roman period There is no recorded evidence that Chichester was a settlement of any size before the coming of the Romans. The area around Chichester is believed to have played a significant part during the Roman in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Creation Of Express Trusts In English Law
The creation of express trusts in English law must involve four elements for the trust to be valid: capacity, certainty, constitution and formality. Capacity refers to the settlor's ability to create a trust in the first place; generally speaking, anyone capable of holding property can create a trust. There are exceptions for statutory bodies and corporations, and minors who usually cannot hold property can, in some circumstances, create trusts. Certainty refers to the three certainties required for a trust to be valid. The trust instrument must show certainty of intention to create a trust, certainty of what the subject matter of the trust is, and certainty of who the beneficiaries (or objects) are. Where there is uncertainty for whatever reason, the trust will fail, although the courts have developed ways around this. Constitution means that for the trust to be valid, the property must have been transferred from the settlor to the trustees. If property has not been transferred ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vandervell V IRC
''Vandervell v Inland Revenue Commissioners'' 9672 AC 291 is a leading English trusts law case, concerning resulting trusts. It demonstrates that the mere intention to not have a resulting trust (for example, to avoid taxes) does not make it so. This case was the first in a series of decisions involving Tony Vandervell's trusts and his tax liability. It concerned whether an oral instruction to transfer an equitable interest in shares complied with the writing requirement under Law of Property Act 1925, section 53(1)(c), and so whether receipt of dividends was subject to tax. The second was '' Re Vandervell Trustees Ltd'', which involved the Special Commissioner of the Inland Revenue's ability to amend tax assessments. The third was Re Vandervell Trustees Ltd (No 2), which concerned whether Vandervell could be taxed on dividend income (as beneficiary of a resulting trust) if the exercise of an option had validly transferred the beneficial interest in that income to another trus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
