Equity, volunteers and unconstituted trusts: Certainty of subject matter

University of Greenwich | Trusts and Estates Law & Tax Journal | March 2022 #231
Mark Pawlowski considers whether a volunteer can enforce a promise to settle property Fletcher highlights the difficulty in any particular case in determining whether or not there is an intention to create a trust of the promise. In most cases the requisite intention will be absent and, therefore, will prove fatal to the existence of …

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Insolvency and trusts: Timing is everything

4 Stone Buildings | Trusts and Estates Law & Tax Journal | April 2021 #222
Donald Lilly explores the timing of proprietary interests when there is an insolvency Where a disposition of a mere expectancy or other future property is involved in a document, the question of when the right in that expectancy or property arises should be considered as part of the drafting process. The recent decision in Patel …

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