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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; faile ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William M James The Judge
William is a male given name of Germanic origin.Hanks, Hardcastle and Hodges, ''Oxford Dictionary of First Names'', Oxford University Press, 2nd edition, , p. 276. It became very popular in the English language after the Norman conquest of England 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, Wills, Willy, Willie, Bill, and Billy. A common Irish form is Liam. Scottish diminutives include Wull, Willie or Wullie (as in Oor Wullie or the play ''Douglas''). Female forms are Willa, Willemina, Wilma and Wilhelmina. Etymology William is related to the given name ''Wilhelm'' (cf. Proto-Germanic ᚹᛁᛚᛃᚨᚺᛖᛚᛗᚨᛉ, ''*Wiljahelmaz'' > German ''Wilhelm'' and Old Norse ᚢᛁᛚᛋᛅᚼᛅᛚᛘᛅᛋ, ''Vilhjálmr''). By regular sound changes, the native, inherited English form of the name should b ... [...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. Cou ... [...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 concer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Re Trusts Of The Abbot Fund
Re or RE may refer to: Geography * Re, Norway, a former municipality in Vestfold county, Norway * Re, Vestland, a village in Gloppen municipality, Vestland county, Norway * Re, Piedmont, an Italian municipality * Île de Ré, an island off the west coast of France ** Le Bois-Plage-en-Ré, a commune on that island * Re di Anfo, a torrent (seasonal stream) in Italy * Re di Gianico, Re di Niardo, Re di Sellero, and Re di Tredenus, torrents in the Val Camonica * Réunion (ISO 3166-1 code), a French overseas department and island in the Indian Ocean Music * Re, the second syllable of the scale in solfège ** Re, or D (musical note), the second note of the musical scale in ''fixed do'' solfège * Re: (band), a musical duo based in Canada and the United States Albums * ''Re'' (Café Tacuba album) * ''Re'' (Les Rita Mitsouko album) * ''Re.'' (Aya Ueto album) * ''Re:'' (Kard EP) Other media * Resident Evil, popular video game franchise of survival horror * ''...Re'' (film), a 2016 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Re Foord
Re or RE may refer to: Geography * Re, Norway, a former municipality in Vestfold county, Norway * Re, Vestland, a village in Gloppen municipality, Vestland county, Norway * Re, Piedmont, an Italian municipality * Île de Ré, an island off the west coast of France ** Le Bois-Plage-en-Ré, a commune on that island * Re di Anfo, a torrent (seasonal stream) in Italy * Re di Gianico, Re di Niardo, Re di Sellero, and Re di Tredenus, torrents in the Val Camonica * Réunion (ISO 3166-1 code), a French overseas department and island in the Indian Ocean Music * Re, the second syllable of the scale in solfège ** Re, or D (musical note), the second note of the musical scale in ''fixed do'' solfège * Re: (band), a musical duo based in Canada and the United States Albums * ''Re'' (Café Tacuba album) * ''Re'' (Les Rita Mitsouko album) * ''Re.'' (Aya Ueto album) * ''Re:'' (Kard EP) Other media * Resident Evil, popular video game franchise of survival horror * ''...Re'' (film), a 2016 ... [...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 law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Crown
The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different meanings depending on context. It is used to designate the monarch in either a personal capacity, as Head of the Commonwealth, or as the king or queen of their realms (whereas the monarchy of the United Kingdom and the monarchy of Canada, for example, are distinct although they are in personal union). It can also refer to the rule of law; however, in common parlance 'The Crown' refers to the functions of government and the civil service. Thus, in the United Kingdom (one of the Commonwealth realms), the government of the United Kingdom can be distinguished from the Crown and the state, in precise usage, although the distinction is not always relevant in broad or casual usage. A corporation sole, the Crown is the legal embodiment of execut ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Simpson V Simpson
Simpson most often refers to: * Simpson (name), a British surname *''The Simpsons'', an animated American sitcom **The Simpson family, central characters of the series ''The Simpsons'' Simpson may also refer to: 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cy-près Doctrine In English Law
The cy-pres doctrine in English law is an element of trusts law dealing with charitable trusts. The doctrine provides that when such a trust has failed because its purposes are either impossible or cannot be fulfilled, the High Court of Justice or Charity Commission can make an order redirecting the trust's funds to the nearest possible purpose. For charities with a worth under £5,000 and no land, the trustees (by a two-thirds majority) may make the decision to redirect the trust's funds. The doctrine was initially an element of ecclesiastical law, coming from the Norman French ''cy près comme possible'' (as close as possible), but similar and possibly ancestral provisions have been found in Roman law, both in the ''Corpus Juris Civilis'' and later Byzantine law. Trusts where the doctrine is applicable are divided into two groups; those with subsequent failure, where the trust's purpose has failed after it came into operation, and initial failure, where the trust's purposes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chichester Diocesan Fund V Simpson
Chichester () is a cathedral city and civil parish in 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, with 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 the city that became 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 invasion of AD 43, as ... [...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 because he could have an equitable interest through a resulting trust if he had exercised an option right. Facts Tony Vandervell was a wealthy racing car manufacture ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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