Durham BA: Equity & Trusts Paper

Archibald, a wealthy landowner, recently died. Before his death, he made the following dispositions: (1) He told his friend Boris, 'I want you to have my Bentley, and I know you will do the right thing for my daughter Clara.' Boris nodded but said nothing. (2) He transferred £200,000 to his solicitor, Delia, 'to be used for such charitable or benevolent purposes as Delia sees fit.' (3) He wrote in a sealed letter placed with his will that his residuary estate should be held by his executors for 'my loyal staff at Thornfield House, those who have served me faithfully.' Advise the parties as to whether any valid trusts have been created, identifying any relevant certainty issues.

Evelyn is a financial adviser who managed the investment portfolio of her elderly client, Frank. Without Frank's knowledge or consent, Evelyn transferred £150,000 from Frank's portfolio into a joint bank account she held with her husband, George. Evelyn then used £80,000 of those funds to purchase shares in Hartley plc in her own name, which have since tripled in value to £240,000. The remaining £70,000 was spent by George on a luxury holiday, believing genuinely that Evelyn had received a large bonus. Frank has now discovered the fraud and seeks your advice on any proprietary and personal claims available to him in equity, including any claims against George.

Harriet declares herself trustee of her shares in Inkwell Ltd 'for my children who reach the age of 25, in equal shares.' Harriet has three children: Isaac (aged 27), Josephine (aged 22), and Karl (aged 16). Harriet subsequently attempts to transfer the shares to her friend Lydia as an outright gift by handing Lydia a signed share transfer form but without registering the transfer in Inkwell Ltd's register of members. Harriet dies before registration. Her executor, Miles, refuses to complete the registration. Separately, Harriet's neighbour Nigel, having overheard Harriet's declaration of trust, claims he was promised a 10% share of any income arising from the trust. Advise Isaac, Josephine, Karl, Lydia, and Nigel as to their respective positions.

Critically evaluate the extent to which the law of constructive trusts in England and Wales has developed a principled and coherent framework for imposing constructive trusts in the domestic consumer context, with particular reference to common intention constructive trusts and the role of detrimental reliance.

The law of charitable trusts is said to rest on public benefit, yet the requirements of public benefit remain contested and uncertain following the Charities Act 2011 and the decision in Attorney General v Charity Commission for England and Wales [2012] WTLR 977. Critically assess whether the public benefit requirement achieves a coherent distinction between charitable and non-charitable purposes.