Topic: Law of Trusts

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BL – Nov 2020 – L1 – SB – Q4a – Law of Trusts

Define trust and identify participants using trusteeship terminology.

There are different participants with different roles in trusteeship.

Required:
i. What is a trust?
ii. Identify the different participants using trusteeship terminologies in the situation below:
Ade instructed Segun to keep his Toyota car for the use of Tunde pending the return of Ade, who has just won a scholarship to study accountancy in a United Kingdom university.

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BL – Nov 2020 – L1 – SA – Q17 – Law of Trusts

Objective question on why a will is considered an ambulatory document.

17. A will is said to be an ambulatory document because it
A. Is signed by two witnesses
B. Must have two executors
C. Takes effect after the death of the maker
D. Is written
E. Is prepared by a lawyer

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BL – May 2012 – L1 – SA – Q20 – Law of Trusts

Identify the duty that requires a trustee to act impartially.

A trustee must not favour the interest of one beneficiary against the other. This is called the trustee’s duty of:

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BL – May 2012 – L1 – SA – Q12 – Law of Trusts

Identify the certainty required for creating a trust.

Apart from certainty of words and certainty of subject matter, state the other certainty which is required for the creation of a trust.

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BL – Nov 2011 – L1 – SA – Q16 – Law of Trusts

Identifying the legal process where a debtor assigns assets to a trustee to avoid bankruptcy.

In order to avoid being declared bankrupt, a debtor may assign substantially all his assets to a trustee by executing what is known as ………………………………

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BL – Nov 2011 – L1 – SA – Q14 – Law of Trusts

Identifying the document used to add, cancel, or alter provisions in a will.

Any supplementary clause attached or referring to a Will with the object of adding or cancelling or altering the provisions of the Will is a …………………………………….

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BL – Nov 2011 – L1 – SA – Q11 – Law of Trusts

Identifying the person who makes a will.

The maker of a Will is called ………………………………

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BL – Nov 2011 – L1 – SA – Q16 – Law of Trusts

Identify the legal term for a written document outlining the distribution of a testator’s estate.

A written document by which a person called the Testator signifies his/her wishes on the distribution of his/her estate after his/her death is called:
A. Assignment
B. Will
C. Mortgage
D. Lease
E. Devolution

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BL – Nov 2012 – L1 – SA – Q20 – Law of Trusts

Identify two certainties required for the creation of a valid trust.

State any TWO certainties required for the creation of a valid trust.

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BL – Nov 2012 – L1 – SA – Q19 – Law of Trusts

Identify the minimum number of persons required to witness a will.

What is the minimum number of persons who must attest a will as witness(es)?

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BL – May 2017 – L1 – SA – Q19 – Law of Trusts

Identifies which purpose is not a valid objective for a charitable trust.

The purposes of a charitable trust include
A. Advancement of education
B. Governance of private institutions
C. Public acceptance
D. Protection of Soliloquy
E. Security of tenure

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BL – March July 2020 – L1 – SB – Q5b – Law of Trusts

Explains the rights of a beneficiary in a trust under trust law.

Trust is created for the benefit of named beneficiaries or objects.

Required:
Explain briefly THREE rights of a beneficiary of a trust. (6 Marks)

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BL – May 2016 – L1 – SB – Q4c – Law of Trusts

Briefly explain two types of equitable remedies available in business law.

Equity develops from the harshness of common law.

Required:

Explain briefly TWO equitable remedies.

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BL – May 2024 – L1 – SB – Q4c – Law of Trusts

This question tests candidates on the concept of conversion, particularly fraudulent intent with respect to money and misappropriation in criminal law.

c. For the conversion of a movable thing to amount to stealing, the prosecution must prove a fraudulent intent.

i. Explain what the intent states concerning money.

(4 Marks)
ii. James promised to send some people to Canada on scholarship. He collected money from them for the purpose. He did not send them and did not refund the money on demand or within a reasonable time. Explain the liability of James, if any. (4 Marks)

(Total 8 Marks)

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BL – MAY 2016 – L1 – SB – Q3b – Law of Trusts

This question explains the concept of trust and highlights its various uses.

Trust is created for the benefit of some other persons.

Required:
i. Explain the term “Trust.” (3 Marks)

ii. State THREE uses of Trust. (3 Marks)

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BL – MAY 2016 – L1 – SA – Q20 – Law of Trusts

This question pertains to identifying who is granted Letters of Administration by the Probate Division of a High Court.

The persons who are granted Letters of Administration by the Probate Division of a High Court are called
A. Executors
B. Executioners
C. Trustees
D. Administrators/Administratrix
E. Sheriffs of Court

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BL – May 2015 – L1 – SB – Q6d – Law of Trusts

Enumerate two duties of a personal representative in the administration of an estate.

Enumerate any TWO duties of a Personal Representative. (4 Marks)

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BL – May 2015 – L1 – SA – Q20 – Law of Trusts

Identify what an equitable obligation to hold property for the benefit of others is called.

An equitable obligation which imposes a duty on a person to hold property for the benefit of others is called
A. Equity
B. Trust
C. Agency
D. Hire purchase
E. Administration

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