Discretionary Trusts and the concept of a sham trust. (a) The central theme regarding trusts is that they are assets that are legally owned by the trustees and not the beneficiaries. In a discretionary trust‚ the trustees have discretion as to who among a class of beneficiaries should receive income and/or capital under the trust and in what proportion (e.g. Mettoy Pension Trustees Ltd v. Evans [1990] 1 WLR 1587). So until a beneficiary is chosen to receive income or capital‚ they do not possess
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Sherry Nyeo Mrs. Binion LA11‚ Period 7 October 2‚ 2017 If John D Rockefeller were alive today‚ he would have seen automobiles whiz past on crisscrossing highways‚ linking the modern world together. He would have witnessed planes cruise lazily up ahead‚ a small bright speck in the startling blue sky. He would have caught the tart whiff of exhaust as trucks labored to faithfully deliver products right to people’s doorsteps. If Rockefeller were alive today‚ he would have seen the energetic life of present-day
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there are two issues in this appeal. The first is concerned with the nature of the so-called “Quistclose trust” and the requirements for its creation. The second arises only if the first is answered adversely to the appellant. It is whether his conduct renders him liable for having assisted in a breach of trust.” Lord Millett in Twinsectra Ltd v Yardley and Others [2002] 2 AC 164 at paragraph 52. Critically
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The Law of Trusts Consultation Times: Tuesday (9.30-10.30) WEEK 1: INTRODUCTION TO TRUSTS What is a Trust? Where one person is legally obligated to hold an asset for the benefit of another person Incomplete description; trusts can arise where one person is legally obligated to hold an asset for a specified purpose and not for an individual person…e.g. trusts for charitable purposes (don’t raise obligations to benefit any one person as such‚ but raise benefits for a specific purpose)
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Disposal of property on death – Secret Trusts Definition: An owner of property dies‚ that property passes to those entitled under the law of succession. 2 main methods: 1) Through a valid will 2) Intestacy rules Will – series of specific bequests or legacies of specific assets to specific individuals who will receive the assets not disposed off. If no residue clause then the rules of intestacy operate. Requirements of a valid Will 1) Capacity 2) Age 3) Mental Capacity 4) Intention
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Andrew Carnegie vs. John Rockefeller During the 1800’s‚ two men started as poor‚ working class citizens with a dream‚ a dream to become wealthy and be able to support their families. Both of these men made their dreams come true by ruthless tactics and sometimes were looked down on. These two men were Andrew Carnegie and John Rockefeller‚ the original entrepreneurs of America. Both men acquired mass fortunes and lived extravagant lives after they had retired‚ but they used their money for good;
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Building and Sustaining Trust Case Study Building and Sustaining Trust Case Study Human Resources and Communication in Project 330 Building and Sustaining Trust Case Study Abstract A project manager’s role in building or sustaining trust both within the team as well as between themselves is to establish a strong relationship with his/her team members from the beginning of building that team. Trust will play an important role in any team member’s process because without trust between the project
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Churchfield Community Trust (CCT) is a non-profit organisation based in Cork‚ which is engaged in an educational initiative that helps young males who are under probation status. This initiative programme‚ focuses on the development of adult skills through Woodwork‚ Painting‚ Horticulture‚ Computers‚ Cookery‚ Literacy‚ Metalwork and Mechanics. The organisation also provides sport and leisure activities to young men during the programme. As a result‚ these help the participants develop ways of managing
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Gulf Oil- suggested approach. Value the economic benefits associated with a decision to eliminate the exploration and development activities of the Gulf Oil Corporation. A key question is how Socal can justify a huge premium over market value to acquire Gulf. A key objective is to understand the shareholder value implications of a corporate strategy built around investing huge amounts of capital in activities that promise largely negative net present values. Place a specific value on Gulf’s
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MANU/SC/0403/1991Equivalent Citation: AIR1991SC1784‚ 1991ECR289(SC)‚ 1992(60)ELT671(S.C.)‚ JT1991(3)SC108‚ 1991(2)SCALE58‚ (1991)3SCC467‚ [1991]2SCR960‚ 1991(2)UJ260IN THE SUPREME COURT OF INDIACivil Appeal No. 3401 of 1988Decided On: 16.07.1991Appellants:M/s. Burn Standard Company Ltd. and another Vs. Respondent: Union of India and othersHon’ble Judges/Coram: K. N. Singh and Kuldip Singh‚ JJ.Counsels: For Appellant/Petitioner/Plaintiff: Shankar Ghosh‚ Naresh Bakshi and K.D. Prasad‚ AdvsFor Respondents/Defendant: Ashok
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