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(p. 77) 4. Constitution of Trusts: Effective Disposition of Benefit 

(p. 77) 4. Constitution of Trusts: Effective Disposition of Benefit
(p. 77) 4. Constitution of Trusts: Effective Disposition of Benefit

Gary Watt

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PRINTED FROM OXFORD LAW TROVE ( © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Law Trove for personal use (for details see Privacy Policy and Legal Notice).

date: 05 July 2020

Titles in the Casebook on series provide readers with a comprehensive selection of case law extracts for their studies. Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter identifies the reasons for the requirement that a trust must be completely constituted and a gift perfected; examines the scope of the maxims ‘equity will not assist a volunteer’, ‘equity will not perfect an imperfect gift’, and ‘equity will not spell out a trust from a failed gift’; defines the difference between the constitution of a trust by declaration of self as trustee and the constitution of a trust by transfer of trust assets to trustees; considers how trusts/gifts may be constituted/perfected by accident; and examines the special case of donations made in contemplation of death.

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