PPL424 TMA

 

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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