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9771 W.L.R. 527 is an
English trust law
English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trusts were a creation of the English law of property and obligations, and share a subsequent history with countries across the ...
case. It sets out what will be sufficient to establish that someone has intended to create a trust, the first of the "three certainties". It is necessary that a
settlor In law a settlor is a person who settles property on trust law for the benefit of beneficiaries. In some legal systems, a settlor is also referred to as a trustor, or occasionally, a grantor or donor. Where the trust is a testamentary trust, the se ...
's "words and actions ... show a clear intention to dispose of property ... so that someone else acquires a beneficial interest."
Facts
Mr Constance's marriage broke down, and he moved in with Ms Paul. After a workplace accident he received £950 in damages, and following discussions with a bank manager, paid it into a new joint account. They were unmarried, so the account was just put in Mr Constance's sole name. He said repeatedly, ‘the money is as much yours as mine’. They paid in joint
bingo
Bingo or B-I-N-G-O may refer to:
Arts and entertainment Gaming
* Bingo, a game using a printed card of numbers
** Bingo (British version), a game using a printed card of 15 numbers on three lines; most commonly played in the UK and Ireland
** Bi ...
winnings too, and they made a £150 withdrawal, which they split. But 13 months later, Mr Constance died without a will. Ms Paul claimed the account was hers. Mrs Constance reappeared and claimed the money was hers.
Judgment
The Court of Appeal held that the parties' words and conduct demonstrated that he wished for the money to be held on trust for Mr Constance and Ms Paul jointly.
Scarman LJ gave the first judgment.
Bridge LJ concurred, and quoted ''
Richards v Delbridge''
[(1874) 18 Equity Cases 11] where
Sir George Jessel MR said, "It is true he need not use the words 'I declare myself a trustee,' but he must do something which is equivalent to it, and use expressions which have that meaning, for, however anxious the court may be to carry out a man’s intentions, it is not at liberty to construe words otherwise than according to their proper meaning."
Cairns LJ also concurred.
See also
*
English trusts law
*''
Barclays Bank Ltd v Quistclose Investments Ltd''
970
Year 970 ( CMLXX) was a common year starting on Saturday (link will display the full calendar) of the Julian calendar, the 970th year of the Common Era (CE) and ''Anno Domini'' designations, the 970th year of the 1st millennium, the 70th yea ...
AC 567
Notes
{{case-law-stub
English trusts case law
Court of Appeal (England and Wales) cases
1976 in United Kingdom case law