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In Tinsley v Milligan, the plaintiff Tinsley sought ownership of a jointly owned property2. Tinsley was the legal owner of the property. She had been living with the defendant Milligan, and these two females had contributed monetarily to the acquisition of that property3. Milligan’s contention was that Tinsley was a trustee for both of them. As such, these women had committed a fraud on the Department of Social Security. They had purchased the property, but had retained title to the property in only the name of Tinsley. This stratagem enabled Milligan to claim benefits from the Department of Social Security, as a person without any property to her name4.
In this case, the plaintiff contended that ‘he who comes to equity must come with clean hands.’ Consequently, as per her contention, Milligan was precluded from claiming an equitable interest in the property. The House of Lords ruled that as Milligan did not rely on her illegality, she could enforce such interest. Moreover, it was Tinsley who would have to rely on the evidence provided by the illegal purpose5.
It was held by the House of Lords that Milligan could claim her equitable beneficial interests in the property. The Law Lords opined that a plaintiff could claim proprietary interests, as long as she did not rely on an illegality to establish the interest6. Thus, equitable interest of this type was to be considered as similar to the immediate rights to possession under the common law.
As such, in this case, two women, paid for a property, but placed the property in the name of one of them. This was done in order to claim housing benefits. However, the courts did not allow this fraudulent behaviour to affect the proprietary rights of the woman, whose name had not been indicated as the half owner of the property.
All the same, if the plaintiff had attempted to assert her personal right to entitlement, on the basis of unjust enrichment, she could not have succeeded in her claim.
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The trust developed between the parties provides a sufficient mechanism for several situations which may arise. Such situations include, pension funds, relationships and charities. Fascination of concepts and procreation of secret trusts allows the court to decide on the formalities to use in dealing with the property involved.
The certainty needs of a trust mirror the truth that a trustee is under onerous to a beneficiary with regard to an unambiguous right. Thus, the certainty of objects needs a guarantee that the trustee is having a duty to a specified beneficiary, and his obligation is so precise so that it can be implemented without any ambiguity.
In many cases, unclear trusts established by deceased people leaves the court to use its wisdom, based on the scarce available information to determine who should get the disputed estate or how the people conflicting on the discounted Intestate Estate should share the estate.
If the legal rules did not provide a solution to the problems, it was possible to petition the Crown. The origins of jurisdiction have brought in the principles of equity that could now be applied to every civil court in the land. According to some judicial interpretations, trusts are one of the greatest inventions of equity so such definitions would not make any fundamental distinction between trusts and equity and would consider trust as a branch of equity.
Beatrice looked after Clopalong for a year but has just been reported to the police for wilful neglect of an animal. Tick and Tock are of the view that the money should be used to maintain the horse at a rescue centre.
Tick and Tock invested the 175,000 held in trust for the ridding club members in Meltdown plc, a recently formed company that was very soon under investigation by the fraud squad.
The legislative intent of the charitable deduction is to provide an economic incentive for individuals to support worthy causes. A donor who makes cash contribution receives a tax subsidy equal to his or her marginal ordinary income tax rate. For the donor who makes a property contribution, the tax subsidy also includes the capital gains tax rate that would have been incurred had the property been sold and the net-of-tax cash proceeds donated.
'Unconscionable' cannot be defined in the abstract; it can only be understood in connection with the facts of particular cases"
The concept of equity in the jurisprudence of common law countries is the name given to the set of legal principles which supplement strict rules of law where in their application would operate harshly, so as to accomplish what is routinely referred to as 'Natural Justice'.
Equity comes into play typically when none of the parties to the dispute has done anything against the law, but their rights or claims are in conflict. (en.wikipedia). In the case discussed , we see a similar situation whereby Neil, owner of Neil & Co Ltd, prior to his death left a will stating few gifts to different organizations.
Similarly, the debts of the decedent will have to be paid, his/her tax returns filed, and business interests settled as directed in a will. In many instances, the above functions are conducted by an individual or a company acting in a
inborn in the constitution of most countries while some of the rights are influenced by and influence the social and economic factors in any social setting such as a clan, community or a country. The societal customs and traditions are undergoing evident changes, moving from a
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