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SMH Legal
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Decks in this class (37)
Introduction
What is equity and why was it his...,
What are the maxims of equity and...,
What is the fundamental structure...
23
cards
Express Trusts: Declaration of Trust
What is an express trust and what...,
What are the three certainties re...,
What are fixed interest trusts an...
12
cards
Express trusts: Constitution
What must a settlor do to constit...,
How is a trust constituted when t...,
What additional steps are require...
11
cards
Beneficial Entitlement-FS
What is the main difference betwe...,
How can a house generate both cap...,
What defines a vested interest un...
28
cards
Charitable purpose trusts (The distinction between charitable trusts and non-charitable purpose trusts)
What distinguishes charitable tru...,
What are the key statutory requir...,
What are the two aspects of the p...
26
cards
Resulting Trusts-FS
What is a resulting trust and how...,
In what two main circumstances ca...,
What is a presumed resulting trus...
33
cards
Implied Trusts and Trusts of the Family Home)- FS
What is the main legal basis upon...,
How did lord minnett define the c...,
What is the difference between jo...
34
cards
Proprietary Estoppel (The Family Home - Implied Trusts and Trusts of the Family Home)- FS
What is the core function of prop...,
What are the two core elements re...,
What is the role of unconscionabi...
11
cards
Trustees: Who can be a trustee; appointment, removal and retirement of trustees-FS
Why is the choice of trustee so i...,
Who can be appointed as a trustee...,
What is the minimum and maximum n...
10
cards
Trustees’ statutory power of advancement & Maintenance-FS
What is the trustee s power of ad...,
Can trustees be forced by a benef...,
If a beneficiary is under 18 to w...
19
cards
Can trustees be compelled to exercise their power or discretion? (Trustees)-fs
Can trustees generally be compell...,
In what circumstance might a cour...,
What principle was established in...
10
cards
Trustees’ general duties (Trustees)-FS
What is the general effect of acc...,
Can the duties of a trustee be ex...,
What is the statutory duty of car...
15
cards
Types of investments (Trustees’ duty to invest)-FS
Why is it essential for trustees ...,
What are the potential consequenc...,
What types of assets are commonly...
11
cards
What investments are authorised under the Trustee Act 2000?- FS
What major change did the trustee...,
Which section of the trustee act ...,
How did trustee investment powers...
8
cards
What duties govern their investments? (Trustees’ duty to invest- FS
What statutory duty governs the s...,
What are the two elements of the ...,
Are trustees required to diversif...
10
cards
Delegation (Trustees’ duty to invest) -FS
Why was delegation by trustees hi...,
What type of trust functions are ...,
What kinds of functions can trust...
10
cards
The fiduciary relationship - who are fiduciaries?-FS
What is the core distinguishing o...,
How was a fiduciary defined in th...,
Who is the most commonly encounte...
10
cards
The duty not to profit from a fiduciary position or put yourself in a conflict of interest (The fiduciary relationship and its obligations)-FS
What is the principal fiduciary d...,
Under what condition can a fiduci...,
What is the consequence if a fidu...
10
cards
Can trustees ever receive remuneration from the trust? (The fiduciary relationship and its obligations)-FS
What is the general rule regardin...,
What legislation altered the trad...,
Under what condition can a truste...
10
cards
The dealing rules (Breaches of fiduciary duty -FS
When does a fiduciary breach of d...,
What is the self dealing rule in ...,
What is the legal effect of breac...
10
cards
Competition with the trust (Breaches of fiduciary duty- FS
What is the fiduciary rule regard...,
Why is setting up a competing bus...,
What legal remedy can beneficiari...
8
cards
Incidental profits (Breaches of fiduciary duty - FS
What is the rule on fiduciaries r...,
What is meant by incidental profi...,
Can a fiduciary keep a commission...
10
cards
Use of information or opportunities (Breaches of fiduciary duty - FS
What is the fiduciary duty regard...,
Can a fiduciary profit from an op...,
What is the significance of stric...
10
cards
Remedies (Breaches of fiduciary duty - FS
What is the general remedy when a...,
What is a rescission in the conte...,
When is rescission not available ...
10
cards
Trustees’ liability for breach: Personal claims-FS
What is a personal claim in the c...,
When is a personal claim preferab...,
Why might a personal claim be ine...
20
cards
What are proprietary claims? (Trustees' liability for breach: Proprietary claims)-FS
What is the main objective of a p...,
How does a proprietary claim diff...,
When is a proprietary claim not a...
16
cards
What happens where there has been no change in the trust property? (Trustees' liability for breach: Proprietary claims-FS
What is the legal effect if a tru...,
When is it unnecessary to bring a...,
Why might a proprietary claim be ...
4
cards
What happens where there has been a clean substitution? (Trustees' liability for breach: Proprietary claims)-FS
What is a clean substitution in t...,
What two options are available to...,
When would beneficiaries choose t...
12
cards
What happens where the trust property is mixed with other property? (Trustees' liability for breach: Proprietary claims)-FS
What remedy is available when a t...,
In a mixed fund situation what de...,
What is the effect of asset appre...
8
cards
How are withdrawals from a mixed account allocated? (Trustees' liability for breach: Proprietary claims)-FS
What is the rule established in r...,
In which case was the re hallett ...,
What does foskett v mckeown estab...
16
cards
Liability of strangers to the trust-remedies against third parties- FS
What are the two types of equitab...,
What is recipient liability 2,
What is accessory liability 3
8
cards
Accessory liability (Personal claims against strangers -remedies against third parties)- FS
Define accessory liability 1,
What are the three key elements r...,
How does accessory liability diff...
8
cards
Recipient Liability - Knowing receipt (Personal claims against strangers - (remedies against third parties)-FS
What is the definition of knowing...,
What are the three elements requi...,
Is dishonesty required to establi...
8
cards
Introduction (Equitable proprietary claims against strangers -FS
Definition knowing receipt 1,
What are the three elements requi...,
Is dishonesty required to establi...
8
cards
Claims against wrongdoers (Equitable proprietary claims against strangers- FS
What is the definition of claim a...,
What tracing rules apply to wrong...,
What is a clean substitution in e...
8
cards
Claims against an innocent volunteer (Equitable proprietary claims against strangers - FS
What is an innocent volunteer 1,
Can beneficiaries bring a proprie...,
What are the tracing consequences...
8
cards
Defence available to the innocent volunteer (Equitable proprietary claims against strangers -FS
What is defence of inequitable re...,
In what situation can an innocent...,
Can tracing be denied even if val...
8
cards
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Trusts
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