Property law assignment task about self-declaration of trusteeship Essay

Property law assignment task about self-declaration of trusteeship - Essay Example Whereby, courts of chancery may have to strike a balance of conscience between â€Å"equity will not perfect an imperfect gift† and â€Å"equity looks at the intent not the form†. Where the settlor is the sole trustee there is no further requirement that the subject matter of the trust are vested in them, ‘constitution’ is automatic. The duality of ownership principle in this type of trust has been justified by three very prominent cases providing for varied approaches in their reasoning. The House of Lords case of Vandervell v IRC2 held that the settlor’s original equitable interest passes to the Beneficiary by the presumption of its existence ab inito. Whereas Lord Browne-Wilkinson in Westdeutsche Landesbank v Islington LBC3 proposed a different view of this reasoning stating, the original equitable interest as â€Å"dormant† and being â€Å"carved† out of the settlor’s legal interest. Also consider the case of Re DKLR Holdings 4 in the High court of Australia where Brennan J opines â€Å"An equitable interest is not carved out of a legal estate but impressed upon it†. This legal reasoning was also applied by McLelland J in the later case of re Transphere Pty Ltd. Practically these justifications form no part of judicial reasoning in reaching decisions but provide for the legal reasoning behind the creation of trusts. The first certainty the courts are looking to satisfy in an express trust is the certainty of intention i.e. words construed as to be imperative (Knight v Knight)5. Courts may apply deductive reasoning to ascertain or infer an intention but three requirements need to be satisfied to identify it. Firstly, â€Å"what did [the settlor] intend to be the sanction? Was it to be the authority of the court of Justice or the conscience of the devisee?†- LJ Christian (McCormick v Grogan)6. The word ‘trust’ is not important to legitimise the intention of the settlor to create a trust, only his intention of a binding obligation need be conveyed(Re Kayford)7. Secondly, the intention is made manifest (Re Vandervell’s Trusts (No.2)). Precatory words to benefit another are not sufficient (Jones v Lock)8 reaffirmed in Lambe v Eames9. Also the courts may take a different approach in finding such an intention in the contested declaration, it was held in Comiskey v Bowring-Hanbury10 that the courts will consider the context of the words used as important and may infer an intention to create a valid trust. Thirdly, the test of construction of the manifested intent is objective irrespective of the settlor’s actual intentions (Gissing v Gissing)11. As mentioned earlier precatory words are not sufficient to ascertain a valid self-declaration of trusteeship but the courts have not gone so far as to particularize words deemed to be sufficient. In Richards v Delbridge it was stated that the settlor does not need to use particular words: ‘†¦he ne ed not use words ‘I declare myself trustee’, but he must do something which is equivalent to it, and use expressions which have that meaning.’ In Re Cozens, Neville J stated what was required in order to establish that an owner had effectively declared himself trustee of his own property: ‘†¦.in each case where a declaration of trust is relied on the Court must be satisfied that a present, irrevocable declaration of tru

Family psychology and structure Essay Example | Topics and Well Written Essays - 1000 words

Family psychology and structure - Essay Example According to me a family comprises of the people who are close to someone by blood, marriage or friendship. I come from a nuclear family of nine members: four brothers, two sisters, my mother and my father. On top of that I have so many friends whom I consider as my family because they offer a lot of support to me just likes how family members do .In support to this the oxford dictionary explains that a family can be a group of people related by blood or marriage.It further explains that people related by blood are those that can be termed biologically as having the same genetic makeup while those related by marriage are those who come together due to a mutual agreement and whose relationships are guided by vows taken at the time of marriage and social way of life.It goes further to explain that a family comprise of people who share a great sense of loyalty and intimacy. This includes people related by blood, marriage, adoption and friends. Friends who give one a sense of belonging, care, love and protection can be termed as family. On religious values, a family is supposed to have a common believe that is, if it’s Christianity, Muslim or Hinduism .My family members are Christians, we conduct religious activities together and this has strengthened our bond. A family without similar religious values is said not to be in full unity. The same political values should be obtained after several consultation and discussions and a conclusion reached as to what is best for the family.... e the best code of conduct is togetherness; families should maintain good ties, communication and recognizing your role in the family .In my family everyone understands his/her role for example supporting each other in times of need. Understanding one’s role in the family reduces conflict s and hence promotes togetherness. Also a family can be viewed as a group of people with common ancestry. This shows that people of the same origin can be termed as family. Members of the same family share so many things in common. This is so because every family is guided by rules, regulations and behavioral traits that are instilled to children by the parents. It follows then that people of the same family have the same view on religious, political and social way of life. Structure of family Family fall into two types which are nuclear or extended family(Paul Cheney, 2009). A nuclear family consists of father, mother and children. This is the simplest form of family. Father and mother are r elated by marriage while they are related to their children by blood. Parents can also be related to their children through adoption whereby they parent a child who is not biologically theirs. An extended family is a family that includes people who share the same lineage and have common ancestors. Extended family gives moral and financial support to each other. It is the responsibility of every member in the extended family to uphold the name of the family in terms of moral traits and financial status. In the nuclear family, it is the role of the parents to nurture the children. This means that parents should educate their children on important life skills in their preparation to adult life. Children are expected to heed to their parents’ advice and are expected to pass on whatever they are