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Nature and classification of trusts—the nature and classification of trusts
Nature and classification of trusts—constitution of trusts
Creation of trusts—express trusts
Creation of trusts—by declaration
Nature and classification of trusts—the three certainties
Execution formalities—private trusts
Q&A: Can a trust over policy proceeds be implied when trust documentation was not completed?
The Creation of Trusts: Tolley's Administration of Trusts [A1A]
Analysis of an express trust: Underhill and Hayton: Law of Trusts and Trustees [7.1]
Declaration of self as trustee: Underhill and Hayton: Law of Trusts and Trustees [9.1]
For an instrument to be a valid deed, it must comply with four formalities comprising both statutory and common law principles:
in writing: the document must be in writing and cannot be made verbally. This is a common law requirement modified by statute
face value: it must be clear from the face of the document that it is a deed by the person making it or, as the case may be, by the parties to it (whether by describing itself as a deed or expressing itself to be executed or signed as a deed or otherwise)
execution: it must be executed correctly according to various
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Joint, several, and joint and several liabilityContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise may be:•joint•several, or•joint and severalWhether an undertaking is joint, several, or joint and
AffrayAffray is an offence created by the Public Order Act 1986 (POA 1986). It can be tried in either the magistrates’ court or the Crown Court. The magistrates’ court may decline jurisdiction where for example in cases involving a weapon/throwing objects, or conduct that causes serious
Involuntary manslaughterInvoluntary manslaughter—introductionManslaughter can be classified as either voluntary or involuntary. Voluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element—hence the label voluntary manslaughter) but
Tenant's request for a new business tenancyThese drafting notes are for use when completing a tenant’s request for a new business tenancy under the Landlord and Tenant Act 1954. They are intended to be used when completing the prescribed form under the Landlord and Tenant Act 1954, Part 2 (Notices)
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