The Re-Denley Principle and Beneficiary Principle Essay.

All law schools have explicit criteria regarding what constitutes a first class essay, an upper second, a lower second, and so on, and these may differ superficially However, there is an overwhelming consensus regarding what is required to achieve a high mark in a law essay, whether as an assignment or an exam.

English law, therefore, embodies the idea that there must be someone who can take action against the trustees into one of the ingredients required to declare a trust: the beneficiary principle. The corollary of the principle, as illustrated by the facts of Re Astors Settlement Trusts, is that English law does not like trusts for purposes as a general concept.

This essay will consider whether the different tests applicable to fixed trusts and discretionary trusts are appropriate. Initially, the complete list test applied to both types of trusts. According to this test, the trust is void unless it is possible, at the time it is created, to draw up a complete list of the class.

In order to establish which of the dispositions above are valid it is necessary to examine the beneficiary principle to determine which of the above meet the criteria and can be classified as beneficiaries. It is also necessary to look at cases that do not satisfy the beneficiary principle but have been.

The reason why the Re-Denley principle is seen as an exception to the beneficiary principle is that a potential group that has a locus standi under the trust law are technically not beneficiaries. This is because they are not specifically individuals in whose name the trust was created.

The general law of trusts, as supplemented by the terms of the trust, imposes on the trustees a wide range of duties, which govern their administration of the trust. Duties of the trustees relate to how the trustees deal with the trust property and others will cover their responsibilities towards the beneficiaries. As far as duties are.

The beneficiary principle is a policy of English trusts law, and trusts in Commonwealth jurisdictions, that trusts which do not have charitable objects, as under the UK Charities Act 2006 sections 2 and 3, and also do not make the trust property available for the benefit of defined people (i.e. beneficiaries), are void.

In English law, secret trusts are a class of trust defined as an arrangement between a testator and a trustee, made to come into force after death, that aims to benefit a person without having been written in a formal will. The property is given to the trustee in the will, and he would then be expected to pass it on to the real beneficiary.

Critically evaluate, with reference to relevant case law and statute, how far this statement accurately reflects the current law relating to lifting the veil of incorporation. Introduction. Salomon v Salomon involved the principle of separate corporate personality.

Charitable trusts. Charitable trusts are valid purpose trusts. A Charitable trust is a trust for a purpose, but where the purpose is regarded as sufficiently beneficial to the community at large to warrant acceptance of validity.This means that if it perfectly possible to establish a trust for the achievement of a purpose, provided that the purpose in law is regarded as charitable.

The Concept Of Fiduciary Relations Law Equity Essay. Programme: Bachelor of Arts (Hons) in Law.. B The Concept of Fiduciary Relations.. The roots of the fiduciary principle are evident in trust law and, as previously stated, the trustee can be taken as the classic fiduciary. 29 From the paradigm of the express trustee, other categories of.

How important is the beneficiary principle in contemporary trust law? Major conceptual developments have occurred in the law of trusts, but they have been accommodated with a varying degree of conviction within the traditional category1.