Yes, because the woman has communicated the terms of the trust to her sister.

No, because the woman has not complied with the formalities in s.53 Law of Property Act 1925.

No, because the woman did not use the word ‘trust’ when speaking to her sister.

Yes, because the woman has identified the person who will benefit with sufficient certainty.

No, because the woman did not specify the address of the cottage.

All beneficiaries to be living at the time the trust is created

All beneficiaries must be of full age when the trust is created

A sufficiently certain purpose to be expressed

The trustees must have complete discretion over the trust property

The trust must benefit persons

Certainty of subject-matter

A deed of trust

Certainty of objects

Registration with the Trust Commission

Certainty of intention

No, because the trustees were permitted to take whatever action they considered reasonable.

No, because while the trustees did act in breach of trust, the children cannot be angry that their mother needed the family home improved.

Yes, because the trustees had acted fraudulently.

Yes, because the trustees had acted in breach of trust by not obtaining the consent of the children.

No, because the trustees did not act in breach of trust in using the capital sum of £65,000.

Yes, because it is a well thought out trust.

No, because there is insufficient certainty of subject-matter.

Yes, because it is the woman’s desire to give back to her community.

No, because there is insufficient certainty of objects.

Yes, because the son has identified people he thinks would benefit from it.

Trustee–beneficiary

Doctor–patient

Solicitor–client

Agent–principal

Director–company

A valid trust has not been created because the section of public who will benefit from the purpose are bound by a personal nexus.

A valid trust has been created because ‘the young people of Cornwall’ is not conceptually certain.

A valid trust has not been created because the purpose is not exclusively charitable.

A valid trust has been created because the purpose is charitable, and the benefit accrues to a sufficiently large section of the public.

A valid trust has been created as there is a clearly ascertainable class of people who can enforce the trust.

The trust can only be brought to an end once the daughter has reached the age of 18 years and the children’s mother agrees.

The trust can be brought to an end now, but only if the children’s mother agrees.

The trust can only be brought to an end if and when the daughter successfully obtains a 1st class degree.

The trust can be brought to an end once the daughter has reached the age of 18 years, but not before then.

The trust can be brought to an end now because the children have agreed between them what should happen to the trust property.

A company

A minor under the age of 18

An undischarged bankrupt without court permission

A person lacking mental capacity

A person convicted of fraud (currently imprisoned)

Following tracks the same physical asset, while tracing identifies its value as it passes into substitute forms.

Following and tracing are identical but apply in different courts.

Following requires a fiduciary relationship, tracing does not.

Following applies only to land, tracing only to money.

Following identifies substitutes for original property, while tracing identifies the physical asset.