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Secret Trusts In English Law
In English law, secret trusts are a class of trust defined as an arrangement between a testator and a trustee, made to come into force after death, that aims to benefit a person without having been written in a formal will. The property is given to the trustee in the will, and he would then be expected to pass it on to the real beneficiary. For these to be valid, the person seeking to enforce the trust must prove that the testator intended to form a trust, that this intention was communicated to the trustee, and that the trustee accepted his office. There are two types of secret trust — fully secret and half-secret. A fully secret trust is one with no mention in the will whatsoever. In the case of a half-secret trust, the face of the will names the trustee as trustee, but does not give the trust's terms, including the beneficiary. The most important difference lies in communication of the trust: the terms of a half-secret trust must be communicated to the trustee before the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Re Snowden
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] |
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] |
After-acquired Property
After-acquired property has multiple meanings in law. Real property In other areas of law The term "after-acquired property" also arises in the context of bankruptcy, secured transactions, and the law of wills. In this context, "after-acquired property" is simply property which is acquired by a borrower after a security agreement is signed, by a debtor after a bankruptcy case is commenced, or by a testator after a will is made. In the case of secured transactions, whether the after acquired property becomes part of the collateral pledged by the borrower is dependent upon both the language of the security agreement and § 9-204 of the Uniform Commercial Code The Uniform Commercial Code (UCC), first published in 1952, is one of a number of Uniform Acts that have been established as law with the goal of harmonizing the laws of sales and other commercial transactions across the United States through U .... References Real property law Legal terminology {{Law-term-st ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Megarry
Sir Robert Edgar Megarry, PC, FBA (1 June 1910 – 11 October 2006) was an eminent British lawyer and judge. Originally a solicitor, he requalified as a barrister and also pursued a parallel career as a legal academic. He later became a High Court judge and served as Vice-Chancellor of the Chancery Division from 1976 to 1981. Afterwards he served as Vice-Chancellor of the Supreme Court from 1982 until his retirement in 1985. A prolific legal writer, he is known for such works as ''The Law of Real Property'', ''Lectures on the Town and Country Planning Act 1947'', and ''A Manual of the Law of Real Property'', as well as a series of legal miscellanies. Early life and career Megarry's father was a solicitor in Belfast; his mother's father was a Major General. Megarry was born in Croydon, Surrey and was educated at Lancing and Trinity Hall, Cambridge. He did not concentrate on his academic studies at university, writing for student newspaper '' Varsity'' as its first music cr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Testamentary
A testator () is a person who has written and executed a last will and testament that is in effect at the time of their death. It is any "person who makes a will."Gordon Brown, ''Administration of Wills, Trusts, and Estates'', 3d ed. (2003), p. 556. . Related terms * A female testator is sometimes referred to as a testatrix (), plural testatrices (), particularly in older cases. *In Ahmadiyya Islam, a testator is referred to as a moosi, who is someone that has signed up for Wasiyyat or a will, under the plan initiated by the Promised Messiah, thus committing a portion, not less than one-tenth, of his lifetime earnings and any property to a cause. * The adjectival form of the word is testamentary, as in: # Testamentary capacity, or mental capacity or ability to execute a will and # Testamentary disposition, or gift made in a will (see that article for types). # Testamentary trust, a trust that is created in a will. * A will is also known as a last will and testament. * Testacy mea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Residuary Legatee
A residuary estate, in the law of wills, is any portion of the testator's estate that is not specifically devised to someone in the will, or any property that is part of such a specific devise that fails. It is also known as a residual estate or simply residue. The will may identify the taker of the residuary estate through a ''residuary clause'' or ''residuary bequest''. The person identified in such a clause is called the ''residuary taker'', ''residuary beneficiary'', or ''residuary legatee''. Such a clause may state that, in the event all other heirs predecease the testator, the estate would pass to a charity (that would, presumably, have remained in existence). If no such clause is present, however, the residuary estate will pass to the testator's heirs by intestacy Intestacy is the condition of the estate of a person who dies without having in force a valid will or other binding declaration. Alternatively this may also apply where a will or declaration has been made, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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] |
Remedy (law)
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual. In common law jurisdictions and mixed civil-common law jurisdictions, the law of remedies distinguishes between a legal remedy (e.g. a specific amount of monetary damages) and an equitable remedy (e.g. injunctive relief or specific performance). Another type of remedy available in these systems is declaratory relief, where a court determines the rights of the parties to action without awarding damages or ordering equitable relief. The type of legal remedies to be applied in specific cases depend on the nature of the wrongful act and its liability. In the legal system of the United States, there exists a traditional form of judicial remedies that serve ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bannister V Bannister
''Bannister v Bannister'' 9482 All ER 133 is an English trusts law case, upholding a constructive trust of land against a relative who took title to the land, with a promise back to the transferor she could remain in her cottage for life. Facts Mrs Bannister inherited two cottages when her husband died, including the one where she lived. She transferred them to her brother-in-law for under market value (at an undervalue). They orally agreed she would remain rent-free for life in her cottage. He sought to evict her. Judgment Scott LJ held that for a constructive trust: #The conveyance need not be obtained by fraud; #The transfer need not use technical language of a trust; #No weight needed to be given to the fact that the conveyance was at an undervalue. The fraud consists in the denial of the trust. The proprietary right was given to Mrs Bannister under constructive trust.9482 All ER 133 at page 136 At common law, the promise made to allow Mrs Bannister to stay in the property ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Richard Bethell, 1st Baron Westbury
Richard Bethell, 1st Baron Westbury, (30 June 1800 – 20 July 1873) was a British lawyer, judge and Liberal politician. He served as Lord High Chancellor of Great Britain between 1861 and 1865. He was knighted in 1852 and raised to the peerage in 1861. Background and education Born at Bradford on Avon, in Wiltshire, he was the eldest son of the physician Richard Bethell of Bristol and Jane (''née'' Baverstock). He was from an old Welsh family originally named ''Ap Ithel''. His younger brother was John Bethell. He was educated in Bath and Bristol before attending Wadham College, Oxford at only 14 years old. He received a scholarship the next year. He took first-class honours in classics and second class in mathematics, and he graduated as a Bachelor of Arts in 1818 and was elected a fellow of his college. In 1823, Bethell was called to the bar at the Middle Temple. Career Westbury was made a Queen's Counsel in 1840 was appointed Vice-Chancellor of the County Palatine of Lan ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
McCormick V Grogan
McCormick may refer to: Business * McCormick & Company, an American food company specializing in spices and flavorings * McCormick & Schmick's, an American restaurant chain specializing in seafood * McCormick Harvesting Machine Company, a manufacturer of the first mechanical reaper * McCormick Distilling Company, an American distillery * McCormick Tractors, a manufacturer of tractors, headquartered in Fabbrico, Italy Education * McCormick Observatory, at the University of Virginia * McCormick Theological Seminary, a Presbyterian school of theology in Chicago, Illinois * Robert R. McCormick School of Engineering and Applied Science, at Northwestern University, Evanston, Illinois Places in the United States * McCormick, Illinois * McCormick, South Carolina * McCormick, Washington * McCormick Gap, a windgap in Virginia Sports * McCormick Place, an exposition complex in Chicago, Illinois * McCormick Field, a Minor League Baseball park in Asheville, North Carolina Other uses * McCorm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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