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PGDL EQUITY AND TRUSTS EXAM NEWEST
2025 ACTUAL EXAM COMPLETE 100
QUESTIONS AND CORRECT DETAILED
ANSWERS (VERIFIED ANSWERS) |ALREADY
GRADED A+
What are two types of resulting trust? - ANSWER-Automatic and presumed
Which types of failure to create express trust will NOT result in automatic resulting trust? - ANSWER-self-declaration or testamentary trust which fails for uncertainty of objects, property in will and no certainty of intention then result is simple gift, fails for constitution (nothing to have trust over as legal title never moved)
Where do presumed resulting trusts arise? - ANSWER-where person makes gratuitous transfer as "equity is cynical" so a trust is presumed
common scenario leading to presumed resulting trusts? - ANSWER-A and B contribute to land but A becomes only legal 1 / 3
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owners-- legal title held by one person (or up to four) but equity presumes that held on trust and equitable interest reflects trust ownership (NOT in family home)
what are three types of constructive trusts - ANSWER- institutional, as remedy and Common intention constructive trusts
Hale quote from Stack v Dowden about context - ANSWER-"in law context is everything and the domestic context is very different from the commercial world"
Can a CICT be express or implied? - ANSWER-Both
What is effect of an express trust of family home where no marriage/civil partnership? - ANSWER-Is there is trust satisfying s53(1)(b) LPA 1925 this settles beneficial ownership (Pettitt v Pettitt 1970, TR1 form is such a form)
What is starting point for CCITs if no marriage/CP or express trust? - ANSWER-"Equity mirrors the law", which can then be rebutted
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In CCIT cases where presumption that equity mirrors the law is rebutted, what is final step? - ANSWER-Quantification of interests
In sole legal ownership scenarios what words do indicate ownership by non-legal owner? - ANSWER-"half yours", "50;50" (Hammond v Mitchell, Clough v Killer)
In sole legal ownership scenarios what words do not indicate ownership by non-legal owner? - ANSWER-"family home", "benefit... both of us", "you will be looked after" (Lloyds Bank v Rosset, James v Thomas, Thomson v Humphrey)
sole legal ownership scenarios for CCITs, excuses - ANSWER- Can be evidence of joint ownership eg "your too young" and "its your divorce" (Eves v Eves 1975, Grant v Edwards 1986) BUT inferences should not be too readily drawn (Curran v Collins)
what are two steps to rebutting presumption for CCITs sole legal owner? - ANSWER-Establish interest (express or implied through words or conduct, and then detrimental reliance) and quantification
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