Subject: ADMINISTRATION OF TRUST

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CIBG – ADMIN OF TRUST – L4 – Q8 – Principle in Saunders v Vautier and Limitations

State and explain the principle in Saunders v Vautier and its limitations.

State and explain the principle in Saunders v Vautier (1841) 4 Beav 115 and the limitations, if any, in the application of the principle.

(20 marks)

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CIBG – ADMIN OF TRUST – L4 – Q7 – Personal Liability of Trustees for Breach

Explain circumstances where trustees are personally liable for breach of trust.

Explain circumstances trustee can be held personally liable for breach of trust.

(20 marks)

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CIBG – ADMIN OF TRUST – L4 – Q6 – Courts Not Assisting Volunteers and Resulting Trusts

State ways courts won't assist volunteers in imperfect trusts and explain presumed/automatic resulting trusts.

a) State and explain three (3) ways in which the courts would not assist a volunteer to perfect an imperfect trust

b) Explain presumed and automatic resulting trusts

(20 marks)

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CIBG – ADMIN OF TRUST – L4 – Q5 – Trustee Duties on Investments and Testamentary Trusts

State trustee duties on investments and define testamentary trust.

a) State and explain the duties of a Trustee with regards to investments.

b) What is a testamentary (Will) trust?

(20 marks)

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CIBG – ADMIN OF TRUST – L4 – Q4 – Beneficiaries Holding Third Parties Liable for Breach

State and explain ways beneficiaries can hold third parties liable for trust breaches.

State and explain ways in which beneficiaries can hold third parties (other than the trustee) liable for breach of the trust committed by them.

(20 marks)

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CIBG – ADMIN OF TRUST – L4 – Q3 – Juridical Legal Effect of Creating a Trust

Explain the juridical legal effect of creating a trust.

What is the juridical legal effect of creating a trust.

(20 marks)

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CIBG – ADMIN OF TRUST – L4– Q2 – Constructive Trusts and Equity Maxims

State circumstances for constructive trusts and explain equity through maxims.

a) State three (3) circumstances under which a constructive trust may arise.

b) Explain how equity is done through maxims.

(20 marks)

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CIBG – ADMIN OF TRUST – L4 – Q1 – Short Notes on Discretionary and Fixed Trusts

Write short notes on discretionary trusts and fixed trusts.

a) Write short notes on the following:

  1. Discretionary trusts
  2. Fixed Trusts

(20 marks)

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CIBG – ADMIN OF TRUST – L4 – Q8 – Principle in Saunders v Vautier and Limitations

State and explain the principle in Saunders v Vautier and its limitations.

State and explain the principle in Saunders v Vautier (1841) 4 Beav 115 and the limitations, if any, in the application of the principle.

(20 marks)

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CIBG – ADMIN OF TRUST – L4 – Q7 – Personal Liability of Trustees for Breach

Explain circumstances where trustees are personally liable for breach of trust.

Explain circumstances trustee can be held personally liable for breach of trust.

(20 marks)

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CIBG – ADMIN OF TRUST – L4 – Q6 – Courts Not Assisting Volunteers and Resulting Trusts

State ways courts won't assist volunteers in imperfect trusts and explain presumed/automatic resulting trusts.

a) State and explain three (3) ways in which the courts would not assist a volunteer to perfect an imperfect trust

b) Explain presumed and automatic resulting trusts

(20 marks)

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CIBG – ADMIN OF TRUST – L4 – Q5 – Trustee Duties on Investments and Testamentary Trusts

State trustee duties on investments and define testamentary trust.

a) State and explain the duties of a Trustee with regards to investments.

b) What is a testamentary (Will) trust?

(20 marks)

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CIBG – ADMIN OF TRUST – L4 – Q4 – Beneficiaries Holding Third Parties Liable for Breach

State and explain ways beneficiaries can hold third parties liable for trust breaches.

State and explain ways in which beneficiaries can hold third parties (other than the trustee) liable for breach of the trust committed by them.

(20 marks)

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CIBG – ADMIN OF TRUST – L4 – Q3 – Juridical Legal Effect of Creating a Trust

Explain the juridical legal effect of creating a trust.

What is the juridical legal effect of creating a trust.

(20 marks)

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CIBG – ADMIN OF TRUST – L4– Q2 – Constructive Trusts and Equity Maxims

State circumstances for constructive trusts and explain equity through maxims.

a) State three (3) circumstances under which a constructive trust may arise.

b) Explain how equity is done through maxims.

(20 marks)

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CIBG – ADMIN OF TRUST – L4 – Q1 – Short Notes on Discretionary and Fixed Trusts

Write short notes on discretionary trusts and fixed trusts.

a) Write short notes on the following:

  1. Discretionary trusts
  2. Fixed Trusts

(20 marks)

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