https://padlet.com/Annika_Newnham/c4hfybxedicdi8od Ask and we will try to answer en-us 2022-04-02 14:18:47 UTC 2022-05-01 20:08:01 UTC hello@padlet.com https://padlet.net/icons/png/2753.png Annika_Newnham https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2126519380 in Vanderwell it was held that , the Law of Property Act 1925, section 53(1)(c),was not applicable to situations where a beneficiary directs his trustees, by way of his Saunders v Vautier right to do so, to transfer full legal and equitable ownership to someone else. What is the difference between Vanderwell and the Grey v IRC Case?
Answer: In Vandervell the legal equitable interests end up together with the RCS. The equitable interest is no longer "out on its own" and so we can't lose track of it, and this transfer does not fall within the "mischief" of s53(1)(c). In Grey the legal and equitable interests are separate before they're moved to the settlements, and separate after as well, since the trustees hold legal title. So s53(1)(c) applies.

]]> 2022-04-02 14:18:47 UTC https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2126519380 Annika_Newnham https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2126519383 In midland bank plc v Wyatt, was the trust a sham BECAUSE the bank could reclaim it or was it a sham from when it was declared?
Answer: It was a sham when it was declared because Mr Wyatt had never really intended that his wife and children should be the beneficiaries and have 'the benefits' of the house rather than him (and importantly they didn't believe that either). He was just trying to lie so that his creditors couldn't take the house to pay off his debts. ]]> 2022-04-02 14:18:47 UTC https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2126519383 Annika_Newnham https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2126519390 As Neville did not overrule Oughtred even though it followed the dissenting judgment of Lord Radcliffe in Oughtred, in a PQ would we mention Neville? If so how would we, as technically it is a stand alone case (if that makes sense)?
Answer: if you get a problem question on this, cite both cases. Apply the Oughtred majority, then say it is widely recognised that the case was decided wrongly, and cite and apply Neville. One of the very rare occasions when you have to do this.   ]]> 2022-04-02 14:18:47 UTC https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2126519390 Annika_Newnham https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2126519391 Walker v Stones held that professional trustees required "honest belief"  and an objective standard. But does or could the court also take into consideration whether that solicitor or professional acted to the best of their ability? I feel that there could be a difference between the objective standard and the level of qualification of a particular professional. Thank you
Answer: No, this test of honest belief is purely objective. The trustee is getting paid to do the job of a reasonable, honest solicitor and holds himself out as being capable of that. He will be held to that same standard. The trustee cannot set their own standard of what is an honest belief.  ]]> 2022-04-02 14:18:47 UTC https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2126519391 Annika_Newnham https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2126519392 In a 3 certainty PQ that is split into 3 parts, are each treated separately, e.g. do you need to outline Knight v Knight at the beginning of each one or can we just do it on the first to save space?
Answer: Do it just at the beginning to save space. ]]> 2022-04-02 14:18:47 UTC https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2126519392 Annika_Newnham https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2126519396 Answer: Yes, you only need to answer two questions. Please only answer two questions as well - we will have to mark the FIRST two and can't pick the BEST two. 

]]> 2022-04-02 14:18:47 UTC https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2126519396 Annika_Newnham https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2126519398 Answer: You don't have to pick one of each. You can do two problems or two essays if you want to. ]]> 2022-04-02 14:18:47 UTC https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2126519398 Annika_Newnham https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2126519399 Answer: If you are doing a problem question, you do not need academic opinions, but it will help you into a 2:1 or above if you are doing an essay questions - provided of course that the academic opinion you are using is relevant, and you are using it as part of your own structure. ]]> 2022-04-02 14:18:47 UTC https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2126519399 Annika_Newnham https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2126519401 This is a bit complicated. There are SIX QUESTIONS on the paper. However, some of them are answer either A or B. This makes nine questions in total.  However, it is very important that you don't answer both A and B on these questions. And no, I can't tell you which topics are combined together in these questions, sorry. ]]> 2022-04-02 14:18:47 UTC https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2126519401 Annika_Newnham https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2126519402 Answer: You can copy material direct from you textbook, but you must put it in "inverted commas" if it's a quote, with the author's name in brackets at the end.  However, that will not gain you much credit. It is better to paraphrase what your textbook says in your own words. That way you both avoid plagiarism, and you show us that you have understood what you are writing. ]]> 2022-04-02 14:18:47 UTC https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2126519402 Annika_Newnham https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2126519408 If we answer two problem questions, will that restrict us to a 2:1 because we won't need to use academic opinions or critique as much as essay questions may need to?
Answer: No, not at all. What you will need to do for a first, though, is identify the right law, apply it clearly and correctly to reach the right conclusions that give the client tailored advice, without wasting any words on something that's not as relevant or irrelevant.  That's easier said than done :) ]]> 2022-04-02 14:18:47 UTC https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2126519408 Annika_Newnham https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2126519415 When a q asks to evaluate the case law related to one area, how much of the facts of the case should we mention? or should we just mention the precedent from that case and then analyse/evaluate it?
Answer: include facts if they made a difference to the outcome or are highly relevant in some other way. Focus on the rules that come out of the cases.]]> 2022-04-02 14:18:47 UTC https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2126519415 Annika_Newnham https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2126519417 Do we consider a personal claim first for the breach of trust before considering proprietary actions? Whether this is what Foskett v McKeown meant?
Answer: A problem question on tracing will usually make it obvious that a personal remedy is useless, because the wrongdoer is bankrupt or has more debts than they have assets. In the real world, beneficiaries have a choice between a personal or proprietary remedy and will choose the one that will give them the most money.

]]> 2022-04-02 14:18:47 UTC https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2126519417 Annika_Newnham https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2126519420 Since we were assessed on CICT's in the assessed essay, can we presume that it will not be examined in the exam? Or could it still come up as a problem question instead? I know that constructive trusts could still come up but I am just wondering more specifically about CICT's. Thank you.
Answer: I am not allowed to tell you what will or won't be in the exam, but I can say that we have more topics that we cover in the modules than we have questions in the exam so it is extremely unlikely that we would assess one topic twice. ]]> 2022-04-02 14:18:47 UTC https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2126519420 Annika_Newnham https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2126519421 Would '££ on trust to prove that writing attributed to someone (eg A) were in fact written by B' fall under s.3(1)(f) Charities Act 2011 or is it an advancement of education?
Answer: Re Hopkins Will Trust was decided in the 1960s, which is why they relied on education (but it also mentions the fourth "catch-all" category they had then). Today, it could be a charitable trust under either arts and culture or under education. However, this kind of trust isn't automatically going to work, there has to be some artistic merit in the work (like Shakespeare's plays). For example, a trust to establish that the stick man drawings attributed to Annika Newnham were in fact drawn by Nowrin Tamanna would not be valid - no artistic merit.  ]]> 2022-04-02 14:18:47 UTC https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2126519421 vwgb4z7qq7 https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2132773579 2022-04-06 14:42:05 UTC https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2132773579 vwgb4z7qq7 https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2136400309 Hi, the textbook says the beneficiary can make both a tracing claim to a third party and a personal claim to a trustee if the original value of the asset has decreased following the substitution now in the third party's hands. However they then write about debates on this but don't give a definite answer. If there's a problem question am I able to write this solution? Thank you]]> 2022-04-08 14:08:12 UTC https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2136400309 https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2137907030 for this question, I have some doubts on whether it is a half secret trust as the trustee was told the identity of the beneficiary so is this still a half secret trust? Thank you]]> 2022-04-10 10:18:30 UTC https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2137907030 https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2138005072 How do we differentiate between fully secret and half secret trust? according to the answer feedback it is a HST however it was mentioned that the testator made the trustee a beneficiary under his will - shouldn't this be a fully secret trust? Thank you]]> 2022-04-10 13:44:28 UTC https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2138005072 https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2138071698 1. is acceptance of obligation valid even after death? 

2. does 'estate' and 'residuary legatee' have the same meaning? ]]> 2022-04-10 15:37:46 UTC https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2138071698 https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2142239280 according to generic feedback (last part), investors money accounted for 1/5 of the insurance payments so that will get back 1/5 - question: why 1/5 (only a 2500gbp of investors money was used for the payment of insurance policy)?]]> 2022-04-13 11:07:17 UTC https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2142239280 https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2143912620 will the exams be time restricted?

]]> 2022-04-14 14:02:03 UTC https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2143912620 https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2151962738 This is about the question in 2020 exam paper(attachment). 

1) Regarding Shanti, the generic feedback stated, "She will have to compensate the beneficiary (Nathan) as if she were a trustee". Does that mean Shanti would be holding a CT with Nathan based on her profit from Billy or she would be holding a CT as Billy? 

2) Is Tonya holding a CT for Nathan or Billy? Does either of these make a difference in term of Nathan chasing the money?

Many thanks in advance.]]> 2022-04-21 12:37:01 UTC https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2151962738 https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2164345114 In single ownership cases Lloyds Bank v Rosset is the leading case for intention. If we are doing a problem question where we need to advise on whether one exists is it worth adding any discussion in terms of stack and the other cases that mention additional considerations or should we stick to lloyds and keep it strict. Thank you!]]> 2022-04-29 13:57:56 UTC https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2164345114 https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2165978900 Are we allowed to answer 2 Problem questions or 2 essays instead of 1 each ? ]]> 2022-05-01 20:07:21 UTC https://padlet.com/Annika_Newnham/c4hfybxedicdi8od/wish/2165978900