Q1 The test for certainty of objects in a fixed trust is:
Evidential certainty
Ascertainability
Administrative workability
Exhaustive enumeration
Q2 If A gives property to B and receives no consideration in return
It is a gift to B
B must return the property to A under a resulting trust
It is a gift to B as long as A is the mother of B
A and B share the property in equal shares
Q3 Which of the following description of potential beneficiaries would fail the certainty of objects test?
Urgent suppliers
Friend or friends nominated by my wife
Funke and the kids
Relatives or dependents
Q4 This is a question about the cy prés doctrine. In a case of initial failure, in which of the following situations would the charitable property not be given to another, similar charity?
The charity chosen never existed
The whole will is dedicated to charity
The charity is an unincorporated association
The charity is invalid
Q5 Which of the following ‘animal charities’ would be held invalid under the existing case law?
A home for lost dogs
A free veterinary service
A zoo
An animal refuge, where animals would be unmolested by man
Q6 When does a remedial constructive trust come into existence?
From the date of the court order
From the date of the conduct or circumstances that give rise to the constructive trust
From the date that the claimant realizes that they have a claim against the defendant
From the date when a third party is affected
Q7 Which of the following is not regarded as the underlying basis of resulting trusts?
The trust compels the return of property wrongfully held by another
The trust gives effect to the common intention of the parties
The trust arises by operation of law
The trust returns property to the original owner
Q8 Why must a trust have certainty of objects?
So that the courts can enforce the trust
So that the trustees can list the beneficiaries
So that the relatives of the deceased know who can claim against the estate
So that the Attorney General can enforce the trust
Q9 Cy-pres doctrine will only be applied in cases where an effective charitable trust becomes imparacticable or impossible to perform, irrespective of whether the settlor has a general chritable intention or not
true
false
partially true
none of the above
Q10 Some of the normal requirements of a valid trust do not apply to charitable trusts. Which of the following is not a requirement of a valid charitable trust?
The trust must be fully constituted
There must be certainty of intention
There must be certainty of objects
There must be certainty of subject matter
Q11 A charity for the relief of poverty must be for the public benefit. Which of the following does not qualify as public benefit?
Relieving the poverty of my employees
Relieving the poverty of my family
Relieving the poverty of my relations
Relieving the poverty of the inhabitants of my village
Q12 What happens to the ‘trust property’ if a trust fails for lack of certainty of intention?
The property returns to the estate of the settlor or testator on a resulting trust
The ‘trustee’ can keep the property
The property is divided equally between the beneficiaries
The trustee holds the property on constructive trust
Q13 Where the court is to appoint a judicial trustee under the Judicial Trustee Act 1896, such an application can be made to the court by
writ of summons
affidavit
originating summons
Affidavit
Q14 What type of trust is the primary trust in Barclays Bank v Quistclose [1970] AC 567?
A resulting trust
A constructive trust
An express trust
It is not a trust at all, but a contract
Q15 Which of the following descriptions of property would not satisfy the certainty of subject matter test?
The bulk of my residuary estate
A reasonable income
5 per cent of the shares in my company
All of my real and personal property
Q16 When does an institutional constructive trust come into existence?
From the date of the court order
From the date of the conduct or circumstances that give rise to the constructive trust
From the date that the claimant realizes that they have a claim against the defendant
From the date when a third party is affected
Q17 ____ arises where the person who provided the purchase money stands in loco parentis or some other special relationship to the other person, such as father to son, or husband to wife
Equity
presumption of advancement
Deed of gift
Resulting trust
Q18 Which of the following could not be a resulting trust?
The settlor fails to supply the names of the beneficiaries
The trust fails to state to whom the property should go next
The trusts declared do not exhaust the trust fund
A and B agree to give property to C. B breaks the agreement
Q19 In order to declare a valid trust it is essential to
Use the word ‘trust’
Put the declaration in writing
Use imperative words
Impose a binding moral obligation upon the intended trustee
Q20 One of the following was not found acceptable as a charity for the advancement of education. Which is it?
To campaign for the abolition of torture
To pay for the upkeep of a zoo
To teach oratory to the people of Ogoni
To discover whether Wole Shoyinka wrote the works of Achebe
Q21 A charity for the relief of poverty must be for the public benefit. Which of the following does not qualify as public benefit?
Relieving the poverty of my employees
Relieving the poverty of my family
Relieving the poverty of my relations
Relieving the poverty of the inhabitants of my village
Q22 What happens to the ‘trust property’ if a trust fails for lack of certainty of intention?
The property returns to the estate of the settlor or testator on a resulting trust
The ‘trustee’ can keep the property
The property is divided equally between the beneficiaries
The trustee holds the property on constructive trust
Q23 Where the court is to appoint a judicial trustee under the Judicial Trustee Act 1896, such an application can be made to the court by
writ of summons
affidavit
originating summons
Affidavit
Q24 What type of trust is the primary trust in Barclays Bank v Quistclose [1970] AC 567?
A resulting trust
A constructive trust
An express trust
It is not a trust at all, but a contract
Q25 Which of the following descriptions of property would not satisfy the certainty of subject matter test?
The bulk of my residuary estate
A reasonable income
5 per cent of the shares in my company
All of my real and personal property
Q26 Which of the following would make a trust invalid as a charity for the advancement of religion?
The religion promotes the worship of many gods
The religion has very few followers
The religion is subversive of all morality
The religion is foolish and devoid of foundation
Q27 A constructive trust may arise in many different situations. Which of the following would not be a constructive trust?
The conscience of the recipient is bound in such a way as to justify equity in imposing a trust on him
A person holds property in circumstances which in equity and good conscience should be held or enjoyed by another
A remedial institution which equity imposes regardless of actual or presumed intention
Two parties have contributed financially to the purchase of land and hold that land in proportion to those contributions
Q28 Where Black acre is vested in A for life, remainder to B. A is entitled to the income of Blackacre during his lifetime whild B as remainder man is entitled to the capital on A’s death. If the trustfund is not properly invested, it may prejudice the beneficial interest of B. Do you agree with this assertion?
Yes
No
partially true
I am in-between.
Q29 The rule that a Trustee is not entitled to payment for carrying out his office of trusteeship does not include
things outside the scope of his work
expenses from from non-litiguous work
litiguous work
All of the above
Q30 Does the court have inherent powers to authorise the payment or increase the rate of unauthorised payment of past and future services, even if the trustees agree to unpaid office
Yes
No
Yes with condition
No with condition
Q31 A charging clause in favour of a trustee is treated as a legacy to the trustee
false
true
partially true
Partially false
Q32 Why was a trust to promote yacht racing not held charitable in Re Nottage [1895] 2 Ch 649?
Because sport is not charitable
Yacht racing cannot be found in the Preamble to the Statute of Charitable Uses 1601
It is impossible to decide which sports are for the public benefit
It did not promote yacht racing for children
Q33 The wish of an existing Trustee to make appointment takes precedence over the wishes of the beneficiaries
true
false
True with reason
All of the above
Q34 An appointment of a Trustee made under S.10(2)© of th Trust Act must be made
by deed
by writing
under deed by writing
all of the above
Q35 If there is any conflict between the provisions of the statutory power of Trust and the terms of the trust instrument on appointment,
the statutory power will prevail
the stipulation in the trust instrument will prevail
there will be recourse to the court
The provisions of equity will prevail
Q36 It is permissible for a charity to charge for the provision of its charitable services, but the charity must still satisfy the public benefit requirement. Which of the following statements is wrong?
Public benefit is provided if the poor are not completely excluded
Public benefit is satisfied if any money made is redistributed to provide other charitable services
Public benefit is satisfied if the charity is non-profit making
Public benefit is satisfied if the charitable services are provided at below cost price
Q37 What is a trustee de son tort?
A person who acts as the agent of the trustees
A person who acts as a trustee, although they were not appointed as a trustee
A person who receives trust property
A person who knowingly assists in a fraudulent and dishonest design by the trustees
Q38 If A gives property to B and receives no consideration in return
It is a gift to B
B must return the property to A under a resulting trust
It is a gift to B as long as A is the mother of B
A and B share the property in equal shares
Q39 Which of the following description of potential beneficiaries would fail the certainty of objects test?
Urgent suppliers
Friend or friends nominated by my wife
Funke and the kids
Relatives or dependents
Q40 This is a question about the cy prés doctrine. In a case of initial failure, in which of the following situations would the charitable property not be given to another, similar charity?
The charity chosen never existed
The whole will is dedicated to charity
The charity is an unincorporated association
The charity is invalid
Q41 Which of the following would be charitable?
A social club for Ibira people in Lagos
A youth club for Methodists
A bridge over the river Niger
A sports field for Enugu lawyers
Q42 A discretionary trust or fiduciary power can be ruled invalid if there are too many beneficiaries in the class. Which of the following descriptions of a class has been held invalid?
The residents of Federal Capital territory
The inhabitants of the kogi state
Such person or persons as the trustees think fit
Any person or persons, corporation or corporations or charity or charities that the trustees think fit
Q43 Fiduciaries have very strict duties. Which of the following are they actually allowed to do?
Purchase the trust property
Make a profit for themselves
Purchase trust property with the consent of the beneficiaries
Use knowledge acquired from their fiduciary position
Q44 Turner L.J. (1886) 1 Ch. App. 485 lays down th criteria that the court should consider in appointing trustees
not to appoint persons as trustee to promote the interest of some persons under the trust
the wishes of the person for whom the trust has been created
the issue of whether the appointment of a new trustee will promote or impede the execution of the trust
all of the above
Q45 In Re Brockbank(1948) Ch. 206, the court held that
beneficiaries could sue the trustees
beneficiaries to the Trust could bring the trust to an end and set up a new Trust to apoint a new trustee
Beneficiares could request the trustees to retire
All of th above
Q46 In charities for the relief of poverty, poverty means:
Destitution
Being working class
Going short
60 per cent of average income
Q47 In order to declare a valid trust it is essential to
Use the word ‘trust’
Put the declaration in writing
Use imperative words
Impose a binding moral obligation upon the intended trustee
Q48 One of the following was not found acceptable as a charity for the advancement of education. Which is it?
To campaign for the abolition of torture
To pay for the upkeep of a zoo
To teach oratory to the people of Ogoni
To discover whether Wole Shoyinka wrote the works of Achebe
Q49 A charity for the relief of poverty must be for the public benefit. Which of the following does not qualify as public benefit?
Relieving the poverty of my employees
Relieving the poverty of my family
Relieving the poverty of my relations
Relieving the poverty of the inhabitants of my village
Q50 What happens to the ‘trust property’ if a trust fails for lack of certainty of intention?
The property returns to the estate of the settlor or testator on a resulting trust
The ‘trustee’ can keep the property
The property is divided equally between the beneficiaries
The trustee holds the property on constructive trust
Q51 A trustee’s office may be terminated in all these ways except
through disclaimer
Declaration
removal
Death
Q52 Automatic vesting under S. 12 of Trust Act will only apply where the appointment was
in writing
Deed
constituted
incompletely constituted
Q53 All these are exceptions to automatic vesting of trust property except
copy hold or customary land
land conveyed by way of mortgage for securing money subject to the trust
land conveyed on trust for securing debts or debenture stocks
share stocks or annuity
Q54 Until a grant is issued in an intestate�??s estate, the legal title to his estate vests in:
The administrator who applies
The spouse or civil partner
The Public Trustee
The children of the deceased
Q55 When a will is proved, with who does the burden of proof for capacity generally lie?
Testator
Beneficiary
Executor
Solicitor
Q56 Under Section 14 of the Public Trustee Act, �?��?��?��?��?��?��?�.may apply to the court for the appointment of a new trustee
Executors.
Guardian ad litem
Beneficiaries
Loco parentis
Q57 Where the court is to appoint a judicial trustee under the Judicial Trustee Act 1896, such an application can be made to the court by
writ of summons
affidavit
originating summons
Affidavit
Q58 What type of trust is the primary trust in Barclays Bank v Quistclose [1970] AC 567?
A resulting trust
A constructive trust
An express trust
It is not a trust at all, but a contract
Q59 Which of the following descriptions of property would not satisfy the certainty of subject matter test?
The bulk of my residuary estate
A reasonable income
5 per cent of the shares in my company
All of my real and personal property
Q60 Which of the following would make a trust invalid as a charity for the advancement of religion?
The religion promotes the worship of many gods
The religion has very few followers
The religion is subversive of all morality
The religion is foolish and devoid of foundation
Q61 Which of the following would satisfy the public benefit requirement for charities for the advancement of education?
A trust to provide education for relatives of Kanu Ode and Ademola Abbas
A trust to educate employees of the University of Zaria
A trust to provide scholarships for the children of employees of the University of Zaria
A trust to provide education for the children of university lecturers in Zaria
Q62 The certainty of objects test in McPhail v Doulton [1971] AC 424, states that ‘the trust is valid if it can be said with certainty that any given individual is or is not a member of the class’. This test means that the objects of a discretionary trust must be�?
Evidentially certain
Ascertainable
Conceptually certain
Not so numerous that the trust is unworkable
Q63 A constructive trust may arise in many different situations. Which of the following would not be a constructive trust?
The conscience of the recipient is bound in such a way as to justify equity in imposing a trust on him
A person holds property in circumstances which in equity and good conscience should be held or enjoyed by another
A remedial institution which equity imposes regardless of actual or presumed intention
Two parties have contributed financially to the purchase of land and hold that land in proportion to those contributions
Q64 Where Black acre is vested in A for life, remainder to B. A is entitled to the income of Blackacre during his lifetime whild B as remainder man is entitled to the capital on A’s death. If the trustfund is not properly invested, it may prejudice the beneficial interest of B. Do you agree with this assertion?
Yes
No
partially true
I am in-between.
Q65 The rule that a Trustee is not entitled to payment for carrying out his office of trusteeship does not include
things outside the scope of his work
expenses from from non-litiguous work
litiguous work
All of the above
Q66 Does the court have inherent powers to authorise the payment or increase the rate of unauthorised payment of past and future services, even if the trustees agree to unpaid office
Yes
No
Yes with condition
No with condition
Q67 A charging clause in favour of a trustee is treated as a legacy to the trustee
false
true
partially true
Partially false
Q68 Why was a trust to promote yacht racing not held charitable in Re Nottage [1895] 2 Ch 649?
Because sport is not charitable
Yacht racing cannot be found in the Preamble to the Statute of Charitable Uses 1601
It is impossible to decide which sports are for the public benefit
It did not promote yacht racing for children
Q69 The wish of an existing Trustee to make appointment takes precedence over the wishes of the beneficiaries
true
false
True with reason
All of the above
Q70 An appointment of a Trustee made under S.10(2)© of th Trust Act must be made
by deed
by writing
under deed by writing
all of the above
Q71 If there is any conflict between the provisions of the statutory power of Trust and the terms of the trust instrument on appointment,
the statutory power will prevail
the stipulation in the trust instrument will prevail
there will be recourse to the court
The provisions of equity will prevail
Q72 Where all the trustees die in 2000, a trust property will vest in
Personal representative of the last surviving trustee
representative of all th surviving trustee
the court
next of kin
Q73 “S” appoints T, T1, T2 and T3 to hold Blackacre in trust for X and Y his infant children in 1990. T dies in 1991. The trust property vests in
T1 and T2
Representative of T, T1, T2 and T3
T1, T2 T3 and a new Trustee appointed by the power of the court
T1, T2 and T3
Q74 Because a trust will not fail for want of trustees, �?��?��?�.may make an appointment
the trustees
representatives of a trustee
court
the Act
Q75 Trustees to a trustee in the creation of a new trust may be appointed by
Deed
Will
Court
Settlor
Q76 When does a remedial constructive trust come into existence?
From the date of the court order
From the date of the conduct or circumstances that give rise to the constructive trust
From the date that the claimant realizes that they have a claim against the defendant
From the date when a third party is affected
Q77 Which of the following is not regarded as the underlying basis of resulting trusts?
The trust compels the return of property wrongfully held by another
The trust gives effect to the common intention of the parties
The trust arises by operation of law
The trust returns property to the original owner
Q78 Why must a trust have certainty of objects?
So that the courts can enforce the trust
So that the trustees can list the beneficiaries
So that the relatives of the deceased know who can claim against the estate
So that the Attorney General can enforce the trust
Q79 Cy-pres doctrine will only be applied in cases where an effective charitable trust becomes imparacticable or impossible to perform, irrespective of whether the settlor has a general chritable intention or not
true
false
partially true
none of the above
Q80 Some of the normal requirements of a valid trust do not apply to charitable trusts. Which of the following is not a requirement of a valid charitable trust?
The trust must be fully constituted
There must be certainty of intention
There must be certainty of objects
There must be certainty of subject matter
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