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loan-translation of the Greek word ἔντομος (éntomos) or "insect" (as in entomology), which was Aristotle's term for this class of life
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ar past participle of insectare, "to cut into, to cut up", from in- "into" and secare "to cut";[9] because insects appear "cut into" three sections. Pliny the Elder introduced the Latin designation as a <span>loan-translation of the Greek word ἔντομος (éntomos) or "insect" (as in entomology), which was Aristotle's term for this class of life, also in reference to their "notched" bodies. "Insect" first appears documented in English in 1601 in Holland's translation of Pliny. Translations of Aristotle's ter

Original toplevel document

Insect - Wikipedia, the free encyclopedia
ation9.2 Pollination9.3 Parasitism9.4 Other biological interactions 10 Relationship to humans 10.1 As pests10.2 In beneficial roles10.3 In research10.4 As food10.5 In culture 11 See also12 Notes13 References14 External links Etymology[edit] <span>The word "insect" comes from the Latin word insectum, meaning "with a notched or divided body", or literally "cut into", from the neuter singular past participle of insectare, "to cut into, to cut up", from in- "into" and secare "to cut";[9] because insects appear "cut into" three sections. Pliny the Elder introduced the Latin designation as a loan-translation of the Greek word ἔντομος (éntomos) or "insect" (as in entomology), which was Aristotle's term for this class of life, also in reference to their "notched" bodies. "Insect" first appears documented in English in 1601 in Holland's translation of Pliny. Translations of Aristotle's term also form the usual word for "insect" in Welsh (trychfil, from trychu "to cut" and mil, "animal"), Serbo-Croatian (zareznik, from rezati, "to cut"), Russian (насекомое nasekomoje, from seč'/-sekat', "to cut"), etc.[9] Phylogeny and evolution[edit] Evolution has produced astonishing variety in insects. Pictured are some of the possible shapes of antennae. Main article: Evolution of insects The ev




#systemd
systemd is a system and service manager
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What is Linux systemd ? A Neat Chart of its Components
| Reply More <span>systemd is a system and service manager that is designed specifically for Linux kernel. It replaces the init process to become the first process (PID = 1) that gets executed in user space during the Linux start-up process. In




#systemd
PID = 1
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What is Linux systemd ? A Neat Chart of its Components
More systemd is a system and service manager that is designed specifically for Linux kernel. It replaces the init process to become the first process (<span>PID = 1) that gets executed in user space during the Linux start-up process. In this article, we will study the basics of systemd. Note - The term init in this artic




#cgroups #systemd
cgroups -- a mechanism for limiting, accounting, and isolating Kernel resource usage
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What is Linux systemd ? A Neat Chart of its Components
e is currently running and 1 means it is not. To shutdown or reboot the system, you can use the following commands: systemctl halt systemctl poweroff systemctl reboot The concept of cgroups systemd organizes and manages processes with <span>cgroups -- a mechanism for limiting, accounting, and isolating Kernel resource usage. In layman’s terms, it is a collection of processes that are bound by a common criteria. These groups can be hierarchical, and every group inherits limits from its parent. As new pr




#process-management #systemd
systemd organizes and manages processes with cgroups -- a mechanism for limiting, accounting, and isolating Kernel resource usage
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What is Linux systemd ? A Neat Chart of its Components
$? If the result is 0, it means the service is currently running and 1 means it is not. To shutdown or reboot the system, you can use the following commands: systemctl halt systemctl poweroff systemctl reboot The concept of cgroups <span>systemd organizes and manages processes with cgroups -- a mechanism for limiting, accounting, and isolating Kernel resource usage. In layman’s terms, it is a collection of processes that are bound by a common criteria. These groups can be hierarchical, and every group inherits limits from its parent. As new pr




#cgroup #vocabulary
every system resource like CPU, memory, disk input/output, bandwidth is called a subsystem or resource controller
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What is Linux systemd ? A Neat Chart of its Components
ses are spawned they become members of the parent's cgroup. A cgroup is named for the service it belongs, and in case you need to kill a service, you can just kill its cgroup, killing all of its processes in one go. In cgroups vocabulary, <span>every system resource like CPU, memory, disk input/output, bandwidth is called a subsystem or resource controller. The Linux kernel provides access to various subsystems (like memory, CPU, and more) through these cgroups. The cgconfig service is used to manage hierarchies and cgroups on your syst




#contract #law #terms
In seeking to discover whether the parties intended to be bound by a statement made by one of them, the court will apply an objective test based on the question, 'what would a reasonable man understand to be the intention of the parties, having regard to all the circumstances?' In applying this test, the court will take into account any factors that appear to be relevant.
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Flashcard 1349111385356

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Question
In certain circumstances beneficiaries can select new trustees (although they cannot actually appoint them) and require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property ([...]).
Answer
TLATA 1996, s 19(1)(b)

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re. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (<span>TLATA 1996, s 19(1)(b)). They must be unanimous (TLATA 1996, s 19(2)). Beneficiaries may give to the trustee(s) a written direction to retire from the trust and/or a written direction to appoint by writing

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Flashcard 1349144939788

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#interests #land #law
Question
should the owner of the interest convey their estate (the land that benefits from the interest) and fail to mention the interest in the transfer deed, [Statute] will imply that the transfer of the estate includes all interests appertaining to that land.
Answer
LPA 1925, s 62

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should the owner of the interest convey their estate (the land that benefits from the interest) and fail to mention the interest in the transfer deed, LPA 1925, s 62 will imply that the transfer of the estate includes all interests appertaining to that land, unless a contrary intention is expressed (LPA 1925, s 62(4)).</

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Flashcard 1349147299084

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Question
should the owner of the interest convey their estate (the land that benefits from the interest) and fail to mention the interest in the transfer deed, LPA 1925, s 62 will imply that the transfer of the estate includes all interests appertaining to that land, unless a contrary intention is expressed ([Statute])
Answer
LPA 1925, s 62(4)

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s from the interest) and fail to mention the interest in the transfer deed, LPA 1925, s 62 will imply that the transfer of the estate includes all interests appertaining to that land, unless a contrary intention is expressed (<span>LPA 1925, s 62(4)).<span><body><html>

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Flashcard 1349150182668

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#interests #land #law
Question
The estate contract is [...].
Answer
a contractual right to a legal estate

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The estate contract is a contractual right to a legal estate, whether freehold or leasehold. Equity will order specific performance of a contract to create or transfer a legal estate, because each piece of land is regarded as unique. This, t

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Flashcard 1349153066252

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Question
A right of pre-emption is also an estate contract. [Case] held that rights of pre-emption must comply with the LP(MP)A 1989, s 2.
Answer
Bircham & Co Nominees (No.2) Ltd v Worrell Holdings Ltd

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A right of pre-emption is also an estate contract. Bircham & Co Nominees (No.2) Ltd v Worrell Holdings Ltd [2001] EWCA Civ 775 held that rights of pre-emption must comply with the LP(MP)A 1989, s 2.

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Flashcard 1349163289868

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Question
Trustees can be appointed: [1] By the person named in the trust deed as being able to appoint ([Statute])
Answer
Trustee Act 1925, s 36(a)

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The maximum number of trustees permitted is four: Trustee Act 1925, s 34(2). They can be appointed in four ways: [1] By the person named in the trust deed as being able to appoint (Trustee Act 1925, s 36(a)); [2] By the existing trustees (Trustee Act 1925, s 36(b)); [3] By the personal representatives of the last surviving trustee (Trustee Act 1925, ss 36(1) and (6)); or [4] By the court i

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Flashcard 1349165649164

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Question
Trustees can be appointed: [2] By the existing trustees ([Statute])
Answer
Trustee Act 1925, s 36(b)

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pan>The maximum number of trustees permitted is four: Trustee Act 1925, s 34(2). They can be appointed in four ways: [1] By the person named in the trust deed as being able to appoint (Trustee Act 1925, s 36(a)); [2] By the existing trustees (<span>Trustee Act 1925, s 36(b)); [3] By the personal representatives of the last surviving trustee (Trustee Act 1925, ss 36(1) and (6)); or [4] By the court in difficult cases (Trustee Act 1925, s 41).<span><

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Flashcard 1349169057036

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Question
Trustees can be appointed: [3] By the personal representatives of the last surviving trustee ([Statute])
Answer
Trustee Act 1925, ss 36(1) and (6)

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pointed in four ways: [1] By the person named in the trust deed as being able to appoint (Trustee Act 1925, s 36(a)); [2] By the existing trustees (Trustee Act 1925, s 36(b)); [3] By the personal representatives of the last surviving trustee (<span>Trustee Act 1925, ss 36(1) and (6)); or [4] By the court in difficult cases (Trustee Act 1925, s 41).<span><body><html>

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Flashcard 1349171416332

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Question
Trustees can be appointed: [4] By the court in difficult cases ([Statute]).
Answer
Trustee Act 1925, s 41

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to appoint (Trustee Act 1925, s 36(a)); [2] By the existing trustees (Trustee Act 1925, s 36(b)); [3] By the personal representatives of the last surviving trustee (Trustee Act 1925, ss 36(1) and (6)); or [4] By the court in difficult cases (<span>Trustee Act 1925, s 41).<span><body><html>

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Flashcard 1349177969932

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Question
The appointment of trustees should be [...].
Answer
by deed

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The appointment of trustees should be by deed. If so, it automatically contains an implied vesting declaration, whereby the trust property is vested in the new trustee together with the continuing trustees as joint tenants without

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Flashcard 1349293837580

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Question
explicitly stated under s.335A(3) that [...].
Answer
after one year, the interests of the creditors will prevail.

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explicitly stated under s.335A(3) that after one year, the interests of the creditors will prevail apart from where there are “exceptional circumstances”.

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Flashcard 1354506571020

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Question
Rights of Entry These must be one of two types to be legal. The first is a [...]. The second is the right to enter freehold land to enforce a legal rentcharge.
Answer
right for a landlord to enter leasehold land to forfeit (terminate) a legal lease for breach of covenant

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Rights of Entry These must be one of two types to be legal. The first is a right for a landlord to enter leasehold land to forfeit (terminate) a legal lease for breach of covenant. The second is the right to enter freehold land to enforce a legal rentcharge.

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Flashcard 1354508143884

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Question
Rights of Entry These must be one of two types to be legal. The first is a right for a landlord to enter leasehold land to forfeit (terminate) a legal lease for breach of covenant. The second is the right [...].
Answer
to enter freehold land to enforce a legal rentcharge

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Rights of Entry These must be one of two types to be legal. The first is a right for a landlord to enter leasehold land to forfeit (terminate) a legal lease for breach of covenant. The second is the right to enter freehold land to enforce a legal rentcharge.

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Flashcard 1354509978892

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#interests #land #law
Question
if a charge by way of legal mortgage is created over unregistered land, then that gives rise to compulsory registration of the title. This is governed by the [Statute]
Answer
LRA 2002, ss4(1)(g)

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if a charge by way of legal mortgage is created over unregistered land, then that gives rise to compulsory registration of the title. This is governed by the LRA 2002, ss4(1)(g)

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Flashcard 1354518629644

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Question
An improperly created legal easement may nevertheless take effect as an equitable easement under the doctrine of [Case] by being treated as a (fictional) contract to grant an easement.
Answer
Walsh v Lonsdale

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An improperly created legal easement may nevertheless take effect as an equitable easement under the doctrine of Walsh v Lonsdale (1882) 21 Ch D 9 by being treated as a (fictional) contract to grant an easement. For it to take effect as a valid equitable easement in this way, this ‘contract’ must satisfy the formal

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Flashcard 1354520988940

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Question
An improperly created legal easement may nevertheless take effect as an equitable easement under the doctrine of Walsh v Lonsdale (1882) 21 Ch D 9 by being treated as a (fictional) contract to grant an easement. For it to take effect as a valid equitable easement in this way, this ‘contract’ must satisfy the formalities in [Statute]
Answer
LP(MP)A 1989, s 2

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easement under the doctrine of Walsh v Lonsdale (1882) 21 Ch D 9 by being treated as a (fictional) contract to grant an easement. For it to take effect as a valid equitable easement in this way, this ‘contract’ must satisfy the formalities in <span>LP(MP)A 1989, s 2<span><body><html>

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Flashcard 1354523872524

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#interests #land #law
Question
An oral agreement to exchange contracts on specified terms for the sale of the land within three months of payment of a deposit was held to be an agreement for the disposition of an interest in the land and was therefore void since it did not comply with the LP(MP)A 1989, s 2.
Answer
Sharif v Sadiq

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Sharif v Sadiq [2004] EWHC 1913 (Ch) An oral agreement to exchange contracts on specified terms for the sale of the land within three months of payment of a deposit was held to be an agreement for the disposition of an interest in the land and was therefore void since it did not comply with the LP(MP)A 1989, s 2.

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Flashcard 1354526756108

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#interests #land #law
Question
Transfer of an Existing Equitable Interest

(a) The minimum formalities to be complied with are set out in [Statute].
Answer
LPA 1925, s 53(1)(c)

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Transfer of an Existing Equitable Interest (a) The minimum formalities to be complied with are set out in LPA 1925, s 53(1)(c). (b) However, if contracting to transfer an equitable interest, this would require a valid contract (i.e. compliance with LP(MP)A 1989, s 2) and specific performance must be

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Flashcard 1354529115404

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#interests #land #law
Question
Transfer of an Existing Equitable Interest
(a) The minimum formalities to be complied with are set out in LPA 1925, s 53(1)(c).
(b) However, if contracting to transfer an equitable interest, this would require a valid contract (i.e. compliance with [Statute]) and specific performance must be available, on the basis that equity sees as done that which ought to be done.
Answer
LP(MP)A 1989, s 2

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table Interest (a) The minimum formalities to be complied with are set out in LPA 1925, s 53(1)(c). (b) However, if contracting to transfer an equitable interest, this would require a valid contract (i.e. compliance with <span>LP(MP)A 1989, s 2) and specific performance must be available, on the basis that equity sees as done that which ought to be done. (c) Where the holder of an absolute title in an estate in land

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Flashcard 1354531474700

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Question
Where the holder of an absolute title in an estate in land transfers his legal estate without mention of the equitable interest within the transfer deed, the new owner can rely on the provisions of the [...] to imply the equitable interest into the transfer (unless a contrary intention is expressed).
Answer
LPA 1925, s 62

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t which ought to be done. (c) Where the holder of an absolute title in an estate in land transfers his legal estate without mention of the equitable interest within the transfer deed, the new owner can rely on the provisions of the <span>LPA 1925, s 62 to imply the equitable interest into the transfer (unless a contrary intention is expressed).<span><body><html>

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Flashcard 1354533833996

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Question
Where the holder of an absolute title in an estate in land transfers his legal estate without mention of the equitable interest within the transfer deed, the new owner can rely on the provisions of the LPA 1925, s 62 to [...] (unless a contrary intention is expressed).
Answer
imply the equitable interest into the transfer

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e done. (c) Where the holder of an absolute title in an estate in land transfers his legal estate without mention of the equitable interest within the transfer deed, the new owner can rely on the provisions of the LPA 1925, s 62 to <span>imply the equitable interest into the transfer (unless a contrary intention is expressed).<span><body><html>

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Flashcard 1354536455436

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Question
The historical maxim is: ‘legal rights bind the whole world’ ([Case]).
Answer
Mercer v Liverpool, St Helen’s and South Lancs Railway Co

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The historical maxim is: ‘legal rights bind the whole world’ (Mercer v Liverpool, St Helen’s and South Lancs Railway Co [1903] 1 KB 652).

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Flashcard 1354539076876

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#co-ownership #land #law
Question
Under [Statute], the trustees have a duty to consult (but not obey) the beneficiaries of full age and beneficially entitled to an interest in possession in the land.
Answer
TLATA 1996, s 11(1)

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Under TLATA 1996, s 11(1), the trustees have a duty to consult (but not obey) the beneficiaries of full age and beneficially entitled to an interest in possession in the land.

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Flashcard 1354541436172

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Question
Under TLATA 1996, s 11(1), the trustees have a duty to [...] the beneficiaries of full age and beneficially entitled to an interest in possession in the land.
Answer
consult (but not obey)

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Under TLATA 1996, s 11(1), the trustees have a duty to consult (but not obey) the beneficiaries of full age and beneficially entitled to an interest in possession in the land.

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Flashcard 1354543009036

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Question
Under TLATA 1996, s 11(1), the trustees have a duty to consult (but not obey) the beneficiaries [...] and beneficially entitled to an interest in possession in the land.
Answer
of full age

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Under TLATA 1996, s 11(1), the trustees have a duty to consult (but not obey) the beneficiaries of full age and beneficially entitled to an interest in possession in the land.

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Flashcard 1354544581900

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Question
Under TLATA 1996, s 11(1), the trustees have a duty to consult (but not obey) the beneficiaries of full age and [...]
Answer
beneficially entitled to an interest in possession in the land.

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Under TLATA 1996, s 11(1), the trustees have a duty to consult (but not obey) the beneficiaries of full age and beneficially entitled to an interest in possession in the land.

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Flashcard 1354548776204

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Question
[...] enables the trustees to deal with arguments which may arise between beneficiaries.
Answer
TLATA s.13

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TLATA s.13 enables the trustees to deal with arguments which may arise between beneficiaries.

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Flashcard 1354550349068

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Question
TLATA s.13 enables the trustees to [...].
Answer
deal with arguments which may arise between beneficiaries

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TLATA s.13 enables the trustees to deal with arguments which may arise between beneficiaries.

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Flashcard 1354551921932

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Question
TLATA s.13 enables the trustees to deal with arguments which may arise between beneficiaries. Under this section, where [...] have a right to occupy the trust land, the trustees may exclude or restrict the entitlement of any, but not all, of them as long as they act reasonably in doing so.
Answer
two or more beneficiaries

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TLATA s.13 enables the trustees to deal with arguments which may arise between beneficiaries. Under this section, where two or more beneficiaries have a right to occupy the trust land, the trustees may exclude or restrict the entitlement of any, but not all, of them as long as they act reasonably in doing so.<

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Flashcard 1354555067660

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Question
TLATA s.13 enables the trustees to deal with arguments which may arise between beneficiaries. Under this section, where two or more beneficiaries have a right to occupy the trust land, the trustees may [...] of any, but not all, of them as long as they act reasonably in doing so.
Answer
exclude or restrict the entitlement

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TLATA s.13 enables the trustees to deal with arguments which may arise between beneficiaries. Under this section, where two or more beneficiaries have a right to occupy the trust land, the trustees may exclude or restrict the entitlement of any, but not all, of them as long as they act reasonably in doing so.

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Flashcard 1354556902668

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Question
TLATA s.13 enables the trustees to deal with arguments which may arise between beneficiaries. Under this section, where two or more beneficiaries have a right to occupy the trust land, the trustees may exclude or restrict the entitlement of [...] as long as they act reasonably in doing so.
Answer
any, but not all, of them

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n>TLATA s.13 enables the trustees to deal with arguments which may arise between beneficiaries. Under this section, where two or more beneficiaries have a right to occupy the trust land, the trustees may exclude or restrict the entitlement of <span>any, but not all, of them as long as they act reasonably in doing so.<span><body><html>

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Flashcard 1354560572684

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Question
TLATA 1996, s. 13(3) gives the trustees a power to impose reasonable conditions on the occupying beneficiary/beneficiaries (for example, requiring the beneficiary to pay the outgoings or to carry out repairs). However, in exercising their powers under this section, the trustees are to have regard to the factors specified in [Statute]: 1. The intentions of the person(s) who created the trust; 2. The purposes for which the land is held; and 3. The circumstances and wishes of the beneficiaries entitled to occupy the land under TLATA 1996, s. 12.
Answer
TLATA 1996, s. 13(4)

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e occupying beneficiary/beneficiaries (for example, requiring the beneficiary to pay the outgoings or to carry out repairs). However, in exercising their powers under this section, the trustees are to have regard to the factors specified in <span>s 13(4): 1. The intentions of the person(s) who created the trust; 2. The purposes for which the land is held; and 3. The circumstances and wishes of the beneficiaries entitled to occupy

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Flashcard 1354562931980

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Question
TLATA 1996, s. 13(3) gives the trustees a power to impose reasonable conditions on the occupying beneficiary/beneficiaries (for example, requiring the beneficiary to pay the outgoings or to carry out repairs). However, in exercising their powers under this section, the trustees are to have regard to the factors specified in TLATA 1996, s. 13(4): 1. [...]; 2. The purposes for which the land is held; and 3. The circumstances and wishes of the beneficiaries entitled to occupy the land under TLATA 1996, s. 12.
Answer
The intentions of the person(s) who created the trust

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neficiary/beneficiaries (for example, requiring the beneficiary to pay the outgoings or to carry out repairs). However, in exercising their powers under this section, the trustees are to have regard to the factors specified in s 13(4): 1. <span>The intentions of the person(s) who created the trust; 2. The purposes for which the land is held; and 3. The circumstances and wishes of the beneficiaries entitled to occupy the land under s 12.<span><body><html>

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Flashcard 1354564504844

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Question
TLATA 1996, s. 13(3) gives the trustees a power to impose reasonable conditions on the occupying beneficiary/beneficiaries (for example, requiring the beneficiary to pay the outgoings or to carry out repairs). However, in exercising their powers under this section, the trustees are to have regard to the factors specified in TLATA 1996, s. 13(4): 1. The intentions of the person(s) who created the trust; 2. [...]; and 3. The circumstances and wishes of the beneficiaries entitled to occupy the land under TLATA 1996, s. 12.
Answer
The purposes for which the land is held

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ary to pay the outgoings or to carry out repairs). However, in exercising their powers under this section, the trustees are to have regard to the factors specified in s 13(4): 1. The intentions of the person(s) who created the trust; 2. <span>The purposes for which the land is held; and 3. The circumstances and wishes of the beneficiaries entitled to occupy the land under s 12.<span><body><html>

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Flashcard 1354567650572

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Question
TLATA 1996, s. 13(3) gives the trustees a power to impose reasonable conditions on the occupying beneficiary/beneficiaries (for example, requiring the beneficiary to pay the outgoings or to carry out repairs). However, in exercising their powers under this section, the trustees are to have regard to the factors specified in TLATA 1996, s. 13(4): 1. The intentions of the person(s) who created the trust; 2. The purposes for which the land is held; and 3. [...] under TLATA 1996, s. 12.
Answer
The circumstances and wishes of the beneficiaries entitled to occupy the land

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. However, in exercising their powers under this section, the trustees are to have regard to the factors specified in s 13(4): 1. The intentions of the person(s) who created the trust; 2. The purposes for which the land is held; and 3. <span>The circumstances and wishes of the beneficiaries entitled to occupy the land under s 12.<span><body><html>

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Flashcard 1354569223436

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Question
TLATA 1996, s. 13(3) gives the trustees a power to impose reasonable conditions on the occupying beneficiary/beneficiaries (for example, requiring the beneficiary to pay the outgoings or to carry out repairs). However, in exercising their powers under this section, the trustees are to have regard to the factors specified in TLATA 1996, s. 13(4): 1. The intentions of the person(s) who created the trust; 2. The purposes for which the land is held; and 3. The circumstances and wishes of the beneficiaries entitled to occupy the land under [Statute].
Answer
TLATA 1996, s. 12

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regard to the factors specified in s 13(4): 1. The intentions of the person(s) who created the trust; 2. The purposes for which the land is held; and 3. The circumstances and wishes of the beneficiaries entitled to occupy the land under <span>s 12.<span><body><html>

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Flashcard 1354571844876

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Question
Under [...], the trustees have the power to require an occupying beneficiary to compensate any other beneficiary whose entitlement to occupy has been excluded or restricted.
Answer
s 13(6)

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Under s 13(6), the trustees have the power to require an occupying beneficiary to compensate any other beneficiary whose entitlement to occupy has been excluded or restricted.</

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Flashcard 1354573417740

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Question
Under s 13(6), the trustees have the power to [...]
Answer
require an occupying beneficiary to compensate any other beneficiary

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Under s 13(6), the trustees have the power to require an occupying beneficiary to compensate any other beneficiary whose entitlement to occupy has been excluded or restricted.

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Flashcard 1354575777036

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Question
Under s 13(6), the trustees have the power to require an occupying beneficiary to compensate any other beneficiary [...]
Answer
whose entitlement to occupy has been excluded or restricted.

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Under s 13(6), the trustees have the power to require an occupying beneficiary to compensate any other beneficiary whose entitlement to occupy has been excluded or restricted.

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Flashcard 1354577612044

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Question
Any beneficiaries [...] are given protection by TLATA 1996, s 13(7). Such occupants cannot be prevented from continuing to occupy without their consent or the approval of the court.
Answer
already in occupation of the trust land

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Any beneficiaries already in occupation of the trust land are given protection by TLATA 1996, s 13(7). Such occupants cannot be prevented from continuing to occupy without their consent or the approval of the court. </htm

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Flashcard 1354579184908

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Question
Any beneficiaries already in occupation of the trust land are given protection by [Statute]. Such occupants cannot be prevented from continuing to occupy without their consent or the approval of the court.
Answer
TLATA 1996, s 13(7)

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Any beneficiaries already in occupation of the trust land are given protection by TLATA 1996, s 13(7). Such occupants cannot be prevented from continuing to occupy without their consent or the approval of the court.

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Flashcard 1354581544204

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Question
any disputes where trustees cannot unanimously agree to a sale, or a beneficiary wishes to force a sale against the wishes of the trustees, are settled by the court using the criteria listed under [Statute] and any other factors the court deems relevant.
Answer
TLATA 1996, s 15

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any disputes where trustees cannot unanimously agree to a sale, or a beneficiary wishes to force a sale against the wishes of the trustees, are settled by the court using the criteria listed under TLATA 1996, s 15 and any other factors the court deems relevant.

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Flashcard 1354584165644

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Question
Where a statement is made during negotiations for the purpose of inducing the other party to enter the contract, there is, prima facie, ground for inferring that the statement was intended to be a binding term of contract. However, the inference can be rebutted [...].
Answer
if the party making the statement can show that it would not be reasonable to hold him bound by it

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made during negotiations for the purpose of inducing the other party to enter the contract, there is, prima facie, ground for inferring that the statement was intended to be a binding term of contract. However, the inference can be rebutted <span>if the party making the statement can show that it would not be reasonable to hold him bound by it.<span><body><html>

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Flashcard 1354585738508

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Question
Where a statement is made during negotiations for the purpose of inducing the other party to enter the contract, there is, prima facie, ground for [...]. However, the inference can be rebutted if the party making the statement can show that it would not be reasonable to hold him bound by it.
Answer
inferring that the statement was intended to be a binding term of contract

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Where a statement is made during negotiations for the purpose of inducing the other party to enter the contract, there is, prima facie, ground for inferring that the statement was intended to be a binding term of contract. However, the inference can be rebutted if the party making the statement can show that it would not be reasonable to hold him bound by it.

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Flashcard 1354587835660

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Question
A statement may be regarded as a term of the contract if it can be shown that [...]. An example of the application of this guideline can be seen in the case of Bannerman v White
Answer
the injured party considered it so important that they would not have entered into the contract but for that statement

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A statement may be regarded as a term of the contract if it can be shown that the injured party considered it so important that they would not have entered into the contract but for that statement. An example of the application of this guideline can be seen in the case of Bannerman v White

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Flashcard 1354589408524

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Question
A statement may be regarded as a term of the contract if it can be shown that the injured party considered it so important that they would not have entered into the contract but for that statement. An example of the application of this guideline can be seen in the case of [Case]
Answer
Bannerman v White

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term of the contract if it can be shown that the injured party considered it so important that they would not have entered into the contract but for that statement. An example of the application of this guideline can be seen in the case of <span>Bannerman v White<span><body><html>

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Flashcard 1354599894284

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Question
In seeking to discover whether the parties intended to be bound by a statement made by one of them, the court will apply an objective test based on the question, '[...]'
Answer
what would a reasonable man understand to be the intention of the parties, having regard to all the circumstances?

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In seeking to discover whether the parties intended to be bound by a statement made by one of them, the court will apply an objective test based on the question, 'what would a reasonable man understand to be the intention of the parties, having regard to all the circumstances?' In applying this test, the court will take into account any factors that appear to be relevant.

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Flashcard 1354602253580

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Question
In seeking to discover whether the parties intended to be bound by a statement made by one of them, the court will apply an objective test based on the question, 'what would a reasonable man understand to be the intention of the parties, having regard to all the circumstances?' In applying this test, the court will take into account [...].
Answer
any factors that appear to be relevant

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f them, the court will apply an objective test based on the question, 'what would a reasonable man understand to be the intention of the parties, having regard to all the circumstances?' In applying this test, the court will take into account <span>any factors that appear to be relevant.<span><body><html>

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Flashcard 1354603826444

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Question
In seeking to discover whether the parties intended to be bound by a statement made by one of them, the court will apply a/an [...] based on the question, 'what would a reasonable man understand to be the intention of the parties, having regard to all the circumstances?' In applying this test, the court will take into account any factors that appear to be relevant.
Answer
objective test

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In seeking to discover whether the parties intended to be bound by a statement made by one of them, the court will apply an objective test based on the question, 'what would a reasonable man understand to be the intention of the parties, having regard to all the circumstances?' In applying this test, the court will take int

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Flashcard 1354608020748

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Question
the trustee in bankruptcy [...] and will, of course, wish to sell the co-owned land so as to realise some of the bankrupt’s assets (in accordance with his duty under Insolvency Act 1986, s 305(2))
Answer
steps into the bankrupt’s shoes

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the trustee in bankruptcy steps into the bankrupt’s shoes and will, of course, wish to sell the co-owned land so as to realise some of the bankrupt’s assets (in accordance with his duty under Insolvency Act 1986, s 305(2))

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Flashcard 1354610380044

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Question
explicitly stated under s.335A(3) that [...], the interests of the creditors will prevail.
Answer
after one year

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explicitly stated under s.335A(3) that after one year, the interests of the creditors will prevail apart from where there are “exceptional circumstances”.

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Flashcard 1354614312204

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Question
explicitly stated under s.335A(3) that after one year, the interests of the creditors will prevail apart from [...].
Answer
where there are “exceptional circumstances”

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explicitly stated under s.335A(3) that after one year, the interests of the creditors will prevail apart from where there are “exceptional circumstances”.

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Flashcard 1354616147212

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Question
Re Mott
Answer
an elderly lady who had lived in her house for over 40 years was allowed to remain, notwithstanding that her son’s trustee in bankruptcy had applied for a sale of the co-owned property. The court was advised that the proposed sale would be extremely detrimental to the mother’s health and agreed to postpone the sale until after her death.

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One example of a case where exceptional circumstances were found is that of Re Mott [1987] CLY 212. In that case, an elderly lady who had lived in her house for over 40 years was allowed to remain, notwithstanding that her son’s trustee in bankruptcy had applied for a sale of the co-owned property. The court was advised that the proposed sale would be extremely detrimental to the mother’s health and agreed to postpone the sale until after her death.

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Flashcard 1354618768652

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Question
Nicholls v Lan [2006] EWHC 1255 (Ch) Where the spouse of a bankrupt had chronic long-term schizophrenia, [...].
Answer
an order for sale was postponed for 18 months

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Nicholls v Lan [2006] EWHC 1255 (Ch) Where the spouse of a bankrupt had chronic long-term schizophrenia, an order for sale was postponed for 18 months.

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Flashcard 1354619817228

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Question
Nicholls v Lan [2006] EWHC 1255 (Ch) Where the spouse of a bankrupt had chronic long-term schizophrenia, [Outcome].
Answer
an order for sale was postponed for 18 months

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Nicholls v Lan [2006] EWHC 1255 (Ch) Where the spouse of a bankrupt had chronic long-term schizophrenia, an order for sale was postponed for 18 months.

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Flashcard 1354622700812

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Question
The usual order made between spouses is a Mesher order, whereby the house is [...] in such shares as the court stipulates.
Answer
transferred to or remains in joint names on trust of land for both spouses

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The usual order made between spouses is a Mesher order, whereby the house is transferred to or remains in joint names on trust of land for both spouses in such shares as the court stipulates, with no sale until all the children of the marriage are at least 17 or cease full time education, whichever is later.

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Flashcard 1354625060108

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Question
The usual order made between spouses is a Mesher order, whereby the house is transferred to or remains in joint names on trust of land for both spouses in such shares as the court stipulates, with no sale until [...]
Answer
all the children of the marriage are at least 17 or cease full time education, whichever is later.

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head><head>The usual order made between spouses is a Mesher order, whereby the house is transferred to or remains in joint names on trust of land for both spouses in such shares as the court stipulates, with no sale until all the children of the marriage are at least 17 or cease full time education, whichever is later.<html>

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Flashcard 1354628205836

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Question
The usual order made between [...] is a Mesher order, whereby the house is transferred to or remains in joint names on trust of land for both spouses in such shares as the court stipulates, with no sale until all the children of the marriage are at least 17 or cease full time education, whichever is later.
Answer
spouses

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The usual order made between spouses is a Mesher order, whereby the house is transferred to or remains in joint names on trust of land for both spouses in such shares as the court stipulates, with no sale until all the ch

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Flashcard 1354632137996

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Question
The maximum number of trustees permitted is [...]: Trustee Act 1925, s 34(2).
Answer
four

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The maximum number of trustees permitted is four: Trustee Act 1925, s 34(2). They can be appointed in four ways: [1] By the person named in the trust deed as being able to appoint (Trustee Act 1925, s 36(a)); [2] By the existing trust

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Flashcard 1354634497292

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Question
Trustees can be appointed: [1] [...]
Answer
By the person named in the trust deed as being able to appoint

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The maximum number of trustees permitted is four: Trustee Act 1925, s 34(2). They can be appointed in four ways: [1] By the person named in the trust deed as being able to appoint (Trustee Act 1925, s 36(a)); [2] By the existing trustees (Trustee Act 1925, s 36(b)); [3] By the personal representatives of the last surviving trustee (Trustee Act 1925, ss 36(1) and (6)); or [4] By the court in

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Flashcard 1354636856588

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Question
Trustees can be appointed: [2] [...]
Answer
By the existing trustees

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head><head>The maximum number of trustees permitted is four: Trustee Act 1925, s 34(2). They can be appointed in four ways: [1] By the person named in the trust deed as being able to appoint (Trustee Act 1925, s 36(a)); [2] By the existing trustees (Trustee Act 1925, s 36(b)); [3] By the personal representatives of the last surviving trustee (Trustee Act 1925, ss 36(1) and (6)); or [4] By the court in difficult cases (Trustee Act 1

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Flashcard 1354639215884

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Question
Trustees can be appointed: [3] [...]
Answer
By the personal representatives of the last surviving trustee

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es permitted is four: Trustee Act 1925, s 34(2). They can be appointed in four ways: [1] By the person named in the trust deed as being able to appoint (Trustee Act 1925, s 36(a)); [2] By the existing trustees (Trustee Act 1925, s 36(b)); [3] <span>By the personal representatives of the last surviving trustee (Trustee Act 1925, ss 36(1) and (6)); or [4] By the court in difficult cases (Trustee Act 1925, s 41).<span><body><html>

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Flashcard 1354641575180

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#co-ownership #land #law
Question
Trustees can be appointed: [4] [...] .
Answer
By the court in difficult cases

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d in the trust deed as being able to appoint (Trustee Act 1925, s 36(a)); [2] By the existing trustees (Trustee Act 1925, s 36(b)); [3] By the personal representatives of the last surviving trustee (Trustee Act 1925, ss 36(1) and (6)); or [4] <span>By the court in difficult cases (Trustee Act 1925, s 41).<span><body><html>

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Flashcard 1354644720908

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#co-ownership #land #law
Question
The appointment of trustees should be by deed. If so, it automatically contains [...], whereby the trust property is vested in the new trustee together with the continuing trustees as joint tenants without any separate conveyance or assignment (Trustee Act 1925, s 40).
Answer
an implied vesting declaration

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The appointment of trustees should be by deed. If so, it automatically contains an implied vesting declaration, whereby the trust property is vested in the new trustee together with the continuing trustees as joint tenants without any separate conveyance or assignment (Trustee Act 1925, s 40).</

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Flashcard 1354646293772

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#co-ownership #land #law
Question
The appointment of trustees should be by deed. If so, it automatically contains an implied vesting declaration, whereby the [...] (Trustee Act 1925, s 40).
Answer
trust property is vested in the new trustee together with the continuing trustees as joint tenants without any separate conveyance or assignment

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The appointment of trustees should be by deed. If so, it automatically contains an implied vesting declaration, whereby the trust property is vested in the new trustee together with the continuing trustees as joint tenants without any separate conveyance or assignment (Trustee Act 1925, s 40).

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Flashcard 1354648128780

Tags
#co-ownership #land #law
Question
In exercising their powers, the trustees must [...] (TLATA 1996, s 6(5)).
Answer
have regard to the rights of the beneficiaries

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In exercising their powers, the trustees must have regard to the rights of the beneficiaries (TLATA 1996, s 6(5)).

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Flashcard 1354649701644

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Question
[Trustees] must also [...] and exercise reasonable care and skill (Trustee Act 2000, s 1).
Answer
get the best possible return from the trust property

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[Trustees] must also get the best possible return from the trust property and exercise reasonable care and skill (Trustee Act 2000, s 1).

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Flashcard 1354651274508

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Question
[Trustees] must also get the best possible return from the trust property and [...] (Trustee Act 2000, s 1).
Answer
exercise reasonable care and skill

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[Trustees] must also get the best possible return from the trust property and exercise reasonable care and skill (Trustee Act 2000, s 1).

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Flashcard 1354652847372

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Question
Trustees have a power to acquire land under Trustee Act 2000, s 8. This allows them to acquire freehold or leasehold land [Where?] as an investment, for occupation by a beneficiary or for any other reason.
Answer
in the United Kingdom

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Trustees have a power to acquire land under Trustee Act 2000, s 8. This allows them to acquire freehold or leasehold land in the United Kingdom as an investment, for occupation by a beneficiary or for any other reason.

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Flashcard 1354655206668

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Question
Trustees have a power to acquire land under Trustee Act 2000, s 8. This allows them to acquire freehold or leasehold land in the United Kingdom as [Purpose?]
Answer
an investment, for occupation by a beneficiary or for any other reason.

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Trustees have a power to acquire land under Trustee Act 2000, s 8. This allows them to acquire freehold or leasehold land in the United Kingdom as an investment, for occupation by a beneficiary or for any other reason.

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Flashcard 1354660711692

Tags
#co-ownership #land #law
Question
In addition to the abolition of the doctrine of conversion (TLATA 1996, s 3), which effectively means that [...], TLATA 1996, ss 12 and 13 concern the right of beneficiaries to live in the property subject to the trust.
Answer
the beneficiaries have an interest in land and not just in the sale proceeds

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In addition to the abolition of the doctrine of conversion (TLATA 1996, s 3), which effectively means that the beneficiaries have an interest in land and not just in the sale proceeds, TLATA 1996, ss 12 and 13 concern the right of beneficiaries to live in the property subject to the trust.

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Flashcard 1354662546700

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#co-ownership #land #law
Question
In addition to the abolition of the doctrine of conversion (TLATA 1996, s 3), which effectively means that the beneficiaries have an interest in land and not just in the sale proceeds, TLATA 1996, ss 12 and 13 concern [...]
Answer
the right of beneficiaries to live in the property subject to the trust.

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<head>In addition to the abolition of the doctrine of conversion (TLATA 1996, s 3), which effectively means that the beneficiaries have an interest in land and not just in the sale proceeds, TLATA 1996, ss 12 and 13 concern the right of beneficiaries to live in the property subject to the trust.<html>

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Flashcard 1354808036620

Tags
#co-ownership #land #law
Question
A beneficiary/beneficiaries has/have the right to [...] if either: [1] The trust was set up to provide land for their occupation (solely or jointly); or [2] Subsequent to the creation of the trust, the trustees acquired land for their occupation (solely or jointly).
Answer
occupy the trust land

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A beneficiary/beneficiaries has/have the right to occupy the trust land if either: [1] The trust was set up to provide land for their occupation (solely or jointly); or [2] Subsequent to the creation of the trust, the trustees acquired land for their occupat

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Flashcard 1354825338124

Tags
#co-ownership #land #law
Question
A beneficiary/beneficiaries has/have the right to occupy the trust land if either: [1] [...]; or [2] Subsequent to the creation of the trust, the trustees acquired land for their occupation (solely or jointly).
Answer
The trust was set up to provide land for their occupation (solely or jointly)

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A beneficiary/beneficiaries has/have the right to occupy the trust land if either: [1] The trust was set up to provide land for their occupation (solely or jointly); or [2] Subsequent to the creation of the trust, the trustees acquired land for their occupation (solely or jointly).

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Flashcard 1354964798732

Tags
#co-ownership #land #law
Question
A beneficiary/beneficiaries has/have the right to occupy the trust land if either: [1] The trust was set up to provide land for their occupation (solely or jointly); or [2] [...] (solely or jointly).
Answer
Subsequent to the creation of the trust, the trustees acquired land for their occupation

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A beneficiary/beneficiaries has/have the right to occupy the trust land if either: [1] The trust was set up to provide land for their occupation (solely or jointly); or [2] Subsequent to the creation of the trust, the trustees acquired land for their occupation (solely or jointly).

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Flashcard 1355037412620

Tags
#co-ownership #land #law
Question
[Statute] provides that the right to occupy does not arise if the land is unavailable or unsuitable for occupation by the beneficiary/beneficiaries (e.g. if the land is let to a tenant).
Answer
TLATA s 12(2)

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TLATA s 12(2) provides that the right to occupy does not arise if the land is unavailable or unsuitable for occupation by the beneficiary/beneficiaries (e.g. if the land is let to a tenant).</s

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Flashcard 1355098492172

Tags
#co-ownership #land #law
Question
TLATA s 12(2) provides that the right to occupy does not arise if [...].
Answer
the land is unavailable or unsuitable for occupation by the beneficiary/beneficiaries (e.g. if the land is let to a tenant)

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TLATA s 12(2) provides that the right to occupy does not arise if the land is unavailable or unsuitable for occupation by the beneficiary/beneficiaries (e.g. if the land is let to a tenant).

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Flashcard 1355121036556

Tags
#co-ownership #land #law
Question
TLATA s 12(2) provides that the right to occupy does not arise if the land is unavailable or unsuitable for occupation by the beneficiary/beneficiaries (e.g. [...]).
Answer
if the land is let to a tenant

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TLATA s 12(2) provides that the right to occupy does not arise if the land is unavailable or unsuitable for occupation by the beneficiary/beneficiaries (e.g. if the land is let to a tenant).

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Flashcard 1355379510540

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Question
Trustees must [...] of those beneficiaries, or in the case of dispute, to the wishes of the majority by value, but only so far as consistent with the general interest of the trust.
Answer
give effect to the wishes

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Trustees must give effect to the wishes of those beneficiaries, or in the case of dispute, to the wishes of the majority by value, but only so far as consistent with the general interest of the trust.</htm

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Flashcard 1355411754252

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#co-ownership #land #law
Question
Trustees must give effect to the wishes of those beneficiaries, or in the case of dispute, to the wishes of [...], but only so far as consistent with the general interest of the trust.
Answer
the majority by value

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Trustees must give effect to the wishes of those beneficiaries, or in the case of dispute, to the wishes of the majority by value, but only so far as consistent with the general interest of the trust.

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Flashcard 1355435609356

Tags
#co-ownership #land #law
Question
Trustees must give effect to the wishes of those beneficiaries, or in the case of dispute, to the wishes of the majority by value, but [...].
Answer
only so far as consistent with the general interest of the trust

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Trustees must give effect to the wishes of those beneficiaries, or in the case of dispute, to the wishes of the majority by value, but only so far as consistent with the general interest of the trust.

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Flashcard 1355823582476

Tags
#co-ownership #land #law
Question
[Statute] allows any trustee, or anyone with an interest in the property (such as a beneficiary, mortgagee or trustee in bankruptcy) subject to the trust of land, to apply to the court for an order relating to:
1. The exercise of the powers of the trustees; or
2. The need to obtain consents or consult beneficiaries; or
3. The making of a declaration as to the extent of a beneficiary’s interest.
Answer
Section 14 TLATA 1996

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Section 14 TLATA 1996 allows any trustee, or anyone with an interest in the property (such as a beneficiary, mortgagee or trustee in bankruptcy) subject to the trust of land, to apply to the court for an orde

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Flashcard 1355907730700

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Question
Section 14 TLATA 1996 allows [Who?], to apply to the court for an order relating to:

1. The exercise of the powers of the trustees; or

2. The need to obtain consents or consult beneficiaries; or

3. The making of a declaration as to the extent of a beneficiary’s interest.
Answer
any trustee, or anyone with an interest in the property subject to the trust of land

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Section 14 TLATA 1996 allows any trustee, or anyone with an interest in the property (such as a beneficiary, mortgagee or trustee in bankruptcy) subject to the trust of land, to apply to the court for an order relating to: 1. The exercise of the powers of the trustees; or 2. The need to obtain consents or consult beneficiaries; or

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Flashcard 1355957013772

Tags
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Question
Section 14 TLATA 1996 allows any trustee, or anyone with an interest in the property (such as [...]) subject to the trust of land, to apply to the court for an order relating to:

1. The exercise of the powers of the trustees; or

2. The need to obtain consents or consult beneficiaries; or

3. The making of a declaration as to the extent of a beneficiary’s interest.
Answer
a beneficiary, mortgagee or trustee in bankruptcy

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Section 14 TLATA 1996 allows any trustee, or anyone with an interest in the property (such as a beneficiary, mortgagee or trustee in bankruptcy) subject to the trust of land, to apply to the court for an order relating to: 1. The exercise of the powers of the trustees; or 2. The need to obtain consents or

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Flashcard 1355979558156

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#co-ownership #land #law
Question
Section 14 TLATA 1996 allows any trustee, or anyone with an interest in the property (such as a beneficiary, mortgagee or trustee in bankruptcy) subject to the trust of land, to [...] relating to:

1. The exercise of the powers of the trustees; or

2. The need to obtain consents or consult beneficiaries; or

3. The making of a declaration as to the extent of a beneficiary’s interest.
Answer
apply to the court for an order

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Section 14 TLATA 1996 allows any trustee, or anyone with an interest in the property (such as a beneficiary, mortgagee or trustee in bankruptcy) subject to the trust of land, to apply to the court for an order relating to: 1. The exercise of the powers of the trustees; or 2. The need to obtain consents or consult beneficiaries; or 3. The making of a declaration

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Flashcard 1355996859660

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#co-ownership #land #law
Question
Section 14 TLATA 1996 allows any trustee, or anyone with an interest in the property (such as a beneficiary, mortgagee or trustee in bankruptcy) subject to the trust of land, to apply to the court for an order relating to:

1. [...]; or

2. The need to obtain consents or consult beneficiaries; or

3. The making of a declaration as to the extent of a beneficiary’s interest.
Answer
The exercise of the powers of the trustees

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Section 14 TLATA 1996 allows any trustee, or anyone with an interest in the property (such as a beneficiary, mortgagee or trustee in bankruptcy) subject to the trust of land, to apply to the court for an order relating to: 1. The exercise of the powers of the trustees; or 2. The need to obtain consents or consult beneficiaries; or 3. The making of a declaration as to the extent of a beneficiary’s interest.<span><body></

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Flashcard 1356013112588

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Question
Section 14 TLATA 1996 allows any trustee, or anyone with an interest in the property (such as a beneficiary, mortgagee or trustee in bankruptcy) subject to the trust of land, to apply to the court for an order relating to:

1. The exercise of the powers of the trustees; or

2. [...]; or

3. The making of a declaration as to the extent of a beneficiary’s interest.
Answer
The need to obtain consents or consult beneficiaries

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h an interest in the property (such as a beneficiary, mortgagee or trustee in bankruptcy) subject to the trust of land, to apply to the court for an order relating to: 1. The exercise of the powers of the trustees; or 2. <span>The need to obtain consents or consult beneficiaries; or 3. The making of a declaration as to the extent of a beneficiary’s interest.<span><body><html>

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Flashcard 1356026744076

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#co-ownership #land #law
Question
Section 14 TLATA 1996 allows any trustee, or anyone with an interest in the property (such as a beneficiary, mortgagee or trustee in bankruptcy) subject to the trust of land, to apply to the court for an order relating to:

1. The exercise of the powers of the trustees; or

2. The need to obtain consents or consult beneficiaries; or

3. [...].
Answer
The making of a declaration as to the extent of a beneficiary’s interest

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tee in bankruptcy) subject to the trust of land, to apply to the court for an order relating to: 1. The exercise of the powers of the trustees; or 2. The need to obtain consents or consult beneficiaries; or 3. <span>The making of a declaration as to the extent of a beneficiary’s interest.<span><body><html>

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Flashcard 1356069735692

Tags
#co-ownership #land #law
Question
Section 15 does not apply to an application brought under s 14 by the trustee in bankruptcy of a person interested in co-owned land ([Statute]).
Answer
TLATA 1996, s 15(4)

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Section 15 does not apply to an application brought under s 14 by the trustee in bankruptcy of a person interested in co-owned land (TLATA 1996, s 15(4)). In such a case, the list of relevant factors to which the court must have regard are to be found in Insolvency Act 1986, s 335A

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Flashcard 1356109057292

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Question
Section 15 does not apply to an application brought under s 14 by the trustee in bankruptcy of a person interested in co-owned land (TLATA 1996, s 15(4)). In such a case, the list of relevant factors to which the court must have regard are to be found in [Statute]
Answer
Insolvency Act 1986, s 335A

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s not apply to an application brought under s 14 by the trustee in bankruptcy of a person interested in co-owned land (TLATA 1996, s 15(4)). In such a case, the list of relevant factors to which the court must have regard are to be found in <span>Insolvency Act 1986, s 335A<span><body><html>

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Flashcard 1356173544716

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Question
the court tend not to postpone sale when the lender is a secured creditor unless, as in [Case], the lender can continue to earn interest in an arrangement with the occupying co-owner who had sought an order postponing sale.
Answer
Shaire

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the court tend not to postpone sale when the lender is a secured creditor unless, as in Shaire, the lender can continue to earn interest in an arrangement with the occupying co-owner who had sought an order postponing sale.

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Flashcard 1356215749900

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Question
the court tend not to postpone sale when the lender is a secured creditor unless, as in Shaire, [Circumstance].
Answer
the lender can continue to earn interest in an arrangement with the occupying co-owner who had sought an order postponing sale

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the court tend not to postpone sale when the lender is a secured creditor unless, as in Shaire, the lender can continue to earn interest in an arrangement with the occupying co-owner who had sought an order postponing sale.

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Flashcard 1356290723084

Tags
#co-ownership #land #law
Question
First National Bank plc v Achampong [2003] EWCA Civ 487 in which [Outcome]
Answer
a sale was ordered

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First National Bank plc v Achampong [2003] EWCA Civ 487 in which a sale was ordered as Blackburne J held that the bank should no longer be kept out of its money, even though the wife, her children (one of whom was handicapped) and grandchildren still lived in the pro

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Flashcard 1356352589068

Tags
#co-ownership #land #law
Question
First National Bank plc v Achampong [2003] EWCA Civ 487 in which a sale was ordered as Blackburne J held that the [Ratio], even though the wife, her children (one of whom was handicapped) and grandchildren still lived in the property.
Answer
bank should no longer be kept out of its money

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First National Bank plc v Achampong [2003] EWCA Civ 487 in which a sale was ordered as Blackburne J held that the bank should no longer be kept out of its money, even though the wife, her children (one of whom was handicapped) and grandchildren still lived in the property.

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Flashcard 1356398988556

Tags
#co-ownership #land #law
Question
First National Bank plc v Achampong
Answer
A sale was ordered as Blackburne J held that the bank should no longer be kept out of its money, even though the wife, her children (one of whom was handicapped) and grandchildren still lived in the property.

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First National Bank plc v Achampong [2003] EWCA Civ 487 in which a sale was ordered as Blackburne J held that the bank should no longer be kept out of its money, even though the wife, her children (one of whom was handic

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Flashcard 1356459019532

Tags
#co-ownership #land #law
Question
First National Bank plc v Achampong [2003] EWCA Civ 487 in which a sale was ordered as Blackburne J held that the bank should no longer be kept out of its money, even though [...].
Answer
the wife, her children (one of whom was handicapped) and grandchildren still lived in the property

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First National Bank plc v Achampong [2003] EWCA Civ 487 in which a sale was ordered as Blackburne J held that the bank should no longer be kept out of its money, even though the wife, her children (one of whom was handicapped) and grandchildren still lived in the property.

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Flashcard 1356503846156

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Question
Putnam & Sons v Taylor
Answer
A secured creditor was given precedence over other factors such as the poor health of the husband. Purle J also noted that Mrs Taylor’s reluctance to ‘downsize’ the family home was not of any special significance on the facts.

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Putnam & Sons v Taylor [2009] EWHC 317 (Ch) in which a secured creditor was given precedence over other factors such as the poor health of the husband. Purle J also noted that Mrs Taylor’s reluctance to ‘dow

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Flashcard 1356530322700

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Question
Putnam & Sons v Taylor [2009] EWHC 317 (Ch) in which a secured creditor was given precedence over other factors such as [...]. Purle J also noted that Mrs Taylor’s reluctance to ‘downsize’ the family home was not of any special significance on the facts.
Answer
the poor health of the husband

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Putnam & Sons v Taylor [2009] EWHC 317 (Ch) in which a secured creditor was given precedence over other factors such as the poor health of the husband. Purle J also noted that Mrs Taylor’s reluctance to ‘downsize’ the family home was not of any special significance on the facts.

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Flashcard 1356554964236

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Question
Putnam & Sons v Taylor [2009] EWHC 317 (Ch) in which a secured creditor was given precedence over other factors such as the poor health of the husband. Purle J also noted that [...] on the facts.
Answer
Mrs Taylor’s reluctance to ‘downsize’ the family home was not of any special significance

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Putnam & Sons v Taylor [2009] EWHC 317 (Ch) in which a secured creditor was given precedence over other factors such as the poor health of the husband. Purle J also noted that Mrs Taylor’s reluctance to ‘downsize’ the family home was not of any special significance on the facts.

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Flashcard 1356600577292

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Question
Fred Perry v Genis
Answer
High Court confirmed that the commercial interests (of creditors) will still take precedence over family interests (post- TLATA).This was despite the fact that the two children’s education at a specialist school would be disrupted; although the court did postpone sale for 12 months to give the family time to relocate.

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Fred Perry v Genis [2015] 1 P&CR DG5 the High Court confirmed that the commercial interests (of creditors) will still take precedence over family interests (post- TLATA).This was despite the fact that

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Flashcard 1356623908108

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Question
Fred Perry v Genis [2015] 1 P&CR DG5 the High Court confirmed that [...] (post- TLATA).
Answer
the commercial interests (of creditors) will still take precedence over family interests

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Fred Perry v Genis [2015] 1 P&CR DG5 the High Court confirmed that the commercial interests (of creditors) will still take precedence over family interests (post- TLATA).This was despite the fact that the two children’s education at a specialist school would be disrupted; although the court did postpone sale for 12 months to give the famil

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Flashcard 1356656676108

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Question
Fred Perry v Genis [2015] 1 P&CR DG5 the High Court confirmed that the commercial interests (of creditors) will still take precedence over family interests (post- TLATA).This was despite the fact [...] although the court did postpone sale for 12 months to give the family time to relocate.
Answer
that the two children’s education at a specialist school would be disrupted;

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Fred Perry v Genis [2015] 1 P&CR DG5 the High Court confirmed that the commercial interests (of creditors) will still take precedence over family interests (post- TLATA).This was despite the fact that the two children’s education at a specialist school would be disrupted; although the court did postpone sale for 12 months to give the family time to relocate.

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Flashcard 1356672929036

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Question
Fred Perry v Genis [2015] 1 P&CR DG5 the High Court confirmed that the commercial interests (of creditors) will still take precedence over family interests (post- TLATA).This was despite the fact that the two children’s education at a specialist school would be disrupted; although [...]
Answer
the court did postpone sale for 12 months to give the family time to relocate.

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High Court confirmed that the commercial interests (of creditors) will still take precedence over family interests (post- TLATA).This was despite the fact that the two children’s education at a specialist school would be disrupted; although <span>the court did postpone sale for 12 months to give the family time to relocate.<span><body><html>

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Flashcard 1356722998540

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Question
If the bankrupt party is a joint tenant at the time of becoming bankrupt, the bankruptcy will amount to an act of severance. The bankrupt party will then become a [...] as to an undivided share in the property, which will then automatically vest in their trustee in bankruptcy (as per Insolvency Act 1986, s 306)
Answer
beneficial tenant in common

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If the bankrupt party is a joint tenant at the time of becoming bankrupt, the bankruptcy will amount to an act of severance. The bankrupt party will then become a beneficial tenant in common as to an undivided share in the property, which will then automatically vest in their trustee in bankruptcy (as per Insolvency Act 1986, s 306)

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Flashcard 1356735057164

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Question
If the bankrupt party is a joint tenant at the time of becoming bankrupt, the bankruptcy will amount to an act of severance. The bankrupt party will then become a beneficial tenant in common as to an undivided share in the property, which will then [...] (as per Insolvency Act 1986, s 306)
Answer
automatically vest in their trustee in bankruptcy

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bankrupt party is a joint tenant at the time of becoming bankrupt, the bankruptcy will amount to an act of severance. The bankrupt party will then become a beneficial tenant in common as to an undivided share in the property, which will then <span>automatically vest in their trustee in bankruptcy (as per Insolvency Act 1986, s 306)<span><body><html>

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Flashcard 1356770184460

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Question
Enterprise Act 2002, which came into force on 1 April 2004, requires a trustee in bankruptcy to [...] within three years of the bankruptcy.
Answer
make an application to realise the bankrupt’s assets

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Enterprise Act 2002, which came into force on 1 April 2004, requires a trustee in bankruptcy to make an application to realise the bankrupt’s assets within three years of the bankruptcy.

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Flashcard 1356801117452

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Question
If a sale is opposed by the other co-owner(s), then the trustee in bankruptcy must [...]. When such an application is made by a trustee in bankruptcy under TLATA 1996, s 14, the factors listed in TLATA 1996, s 15 do not apply (s 15(4)). Instead, it is Insolvency Act 1986, s 335A which provides the list of relevant factors to which the court must have regard.
Answer
apply to the court under TLATA 1996, s 14 for an order for sale of the co-owned property

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If a sale is opposed by the other co-owner(s), then the trustee in bankruptcy must apply to the court under TLATA 1996, s 14 for an order for sale of the co-owned property. When such an application is made by a trustee in bankruptcy under TLATA 1996, s 14, the factors listed in TLATA 1996, s 15 do not apply (s 15(4)). Instead, it is Insolvency Act 1986,

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Flashcard 1356895751436

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Question
Re Bremner
Answer
Where the bankrupt was suffering from terminal cancer and had six months to live, sale was postponed for three months after the bankrupt’s death to allow the elderly spouse to care for him in their own home during the latter stages of his life.

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Re Bremner [1999] 1 FLR 912 Where the bankrupt was suffering from terminal cancer and had six months to live, sale was postponed for three months after the bankrupt’s death to allow the elderly s

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Flashcard 1356922227980

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Question
Re Bremner [1999] 1 FLR 912 Where the bankrupt was suffering from terminal cancer and had six months to live, [Outcome] .
Answer
sale was postponed for three months after the bankrupt’s death

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Re Bremner [1999] 1 FLR 912 Where the bankrupt was suffering from terminal cancer and had six months to live, sale was postponed for three months after the bankrupt’s death to allow the elderly spouse to care for him in their own home during the latter stages of his life.

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Flashcard 1356957355276

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Question
Re Bremner [1999] 1 FLR 912 Where the bankrupt was suffering from [...], sale was postponed for three months after the bankrupt’s death to allow the elderly spouse to care for him in their own home during the latter stages of his life.
Answer
terminal cancer and had six months to live

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Re Bremner [1999] 1 FLR 912 Where the bankrupt was suffering from terminal cancer and had six months to live, sale was postponed for three months after the bankrupt’s death to allow the elderly spouse to care for him in their own home during the latter stages of his life.

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Flashcard 1357031279884

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Question
If the bankrupt party is a joint tenant at the time of becoming bankrupt, the bankruptcy will [...].
Answer
amount to an act of severance

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If the bankrupt party is a joint tenant at the time of becoming bankrupt, the bankruptcy will amount to an act of severance.

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Flashcard 1357080300812

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Question
If the bankrupt party is a [...] at the time of becoming bankrupt, the bankruptcy will amount to an act of severance.
Answer
joint tenant

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If the bankrupt party is a joint tenant at the time of becoming bankrupt, the bankruptcy will amount to an act of severance.

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Flashcard 1357111233804

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Question
Retirement of a trustee should be [...].
Answer
by deed

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Retirement of a trustee should be by deed.

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Flashcard 1357209537804

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Question
There can be no retirement if [...] (Trustee Act 1925, ss 40 and 39).
Answer
this will leave just one trustee

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There can be no retirement if this will leave just one trustee (Trustee Act 1925, ss 40 and 39).

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Flashcard 1357223693580

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Question
There can be no retirement if this will leave just one trustee ([Statute]).
Answer
Trustee Act 1925, ss 40 and 39

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There can be no retirement if this will leave just one trustee (Trustee Act 1925, ss 40 and 39).

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Flashcard 1357271403788

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Question
A trustee cannot, however, retire without [...] and there can be no retirement if this will leave just one trustee (Trustee Act 1925, ss 40 and 39).
Answer
a simultaneous new appointment without the consent of the co-trustees

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A trustee cannot, however, retire without a simultaneous new appointment without the consent of the co-trustees and there can be no retirement if this will leave just one trustee (Trustee Act 1925, ss 40 and 39).

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Flashcard 1357323046156

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Question
Rodway v Landy
Answer
the court resolved a dispute between two GPs who were joint tenants of a surgery, by dividing the surgery into two and giving each GP the right to occupy their half of the surgery.

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Rodway v Landy [2001] Ch 703 where the court resolved a dispute between two GPs who were joint tenants of a surgery, by dividing the surgery into two and giving each GP the right to occupy their half o

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Flashcard 1357353717004

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Question
Court resolved a dispute between two GPs who were joint tenants of a surgery, by dividing the surgery into two and giving each GP the right to occupy their half of the surgery.
Answer
Rodway v Landy

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Rodway v Landy [2001] Ch 703 where the court resolved a dispute between two GPs who were joint tenants of a surgery, by dividing the surgery into two and giving each GP the right to occupy their half of the surgery.

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Flashcard 1357392776460

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Question
Rodway v Landy [2001] Ch 703 where the court resolved a dispute between two GPs who were joint tenants of a surgery, by [...].
Answer
dividing the surgery into two and giving each GP the right to occupy their half of the surgery

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Rodway v Landy [2001] Ch 703 where the court resolved a dispute between two GPs who were joint tenants of a surgery, by dividing the surgery into two and giving each GP the right to occupy their half of the surgery.

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Flashcard 1357438389516

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Question
The court is required by s 14, in exercising its jurisdiction under that section (e.g. on whether to order a sale), to have regard to the matters set out in [Statute] including:
1. The intentions of the person(s) who created the trust;
2. The purposes for which the trust property is held;
3. The welfare of any minors who occupy the trust land as their home;
4. The interests of any secured creditor of any beneficiary. This will apply where a co- owner mortgages his share in the property;
5. The circumstances and wishes of the beneficiaries of full age and entitled to an interest in possession in the property subject to the trust or in the case of dispute, to the wishes of the majority by value.
Answer
s 15

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The court is required by s 14, in exercising its jurisdiction under that section (e.g. on whether to order a sale), to have regard to the matters set out in s 15 including: 1. The intentions of the person(s) who created the trust; 2. The purposes for which the trust property is held; 3. The welfare of any minors who occupy the trus

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Flashcard 1357474303244

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Question
The court is required by s 14, in exercising its jurisdiction under that section (e.g. on whether to order a sale), to have regard to the matters set out in s 15 including:
1. [...];
2. The purposes for which the trust property is held;
3. The welfare of any minors who occupy the trust land as their home;
4. The interests of any secured creditor of any beneficiary. This will apply where a co- owner mortgages his share in the property;
5. The circumstances and wishes of the beneficiaries of full age and entitled to an interest in possession in the property subject to the trust or in the case of dispute, to the wishes of the majority by value.
Answer
The intentions of the person(s) who created the trust

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The court is required by s 14, in exercising its jurisdiction under that section (e.g. on whether to order a sale), to have regard to the matters set out in s 15 including: 1. The intentions of the person(s) who created the trust; 2. The purposes for which the trust property is held; 3. The welfare of any minors who occupy the trust land as their home; 4. The interests of any secured creditor of a

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Flashcard 1357490556172

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Question
The court is required by s 14, in exercising its jurisdiction under that section (e.g. on whether to order a sale), to have regard to the matters set out in s 15 including:
1. The intentions of the person(s) who created the trust;
2. [...];
3. The welfare of any minors who occupy the trust land as their home;
4. The interests of any secured creditor of any beneficiary. This will apply where a co- owner mortgages his share in the property;
5. The circumstances and wishes of the beneficiaries of full age and entitled to an interest in possession in the property subject to the trust or in the case of dispute, to the wishes of the majority by value.
Answer
The purposes for which the trust property is held

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he court is required by s 14, in exercising its jurisdiction under that section (e.g. on whether to order a sale), to have regard to the matters set out in s 15 including: 1. The intentions of the person(s) who created the trust; 2. <span>The purposes for which the trust property is held; 3. The welfare of any minors who occupy the trust land as their home; 4. The interests of any secured creditor of any beneficiary. This will apply where a co- owner mortgages

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Flashcard 1357517294860

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Question
The court is required by s 14, in exercising its jurisdiction under that section (e.g. on whether to order a sale), to have regard to the matters set out in s 15 including:
1. The intentions of the person(s) who created the trust;
2. The purposes for which the trust property is held;
3. [...];
4. The interests of any secured creditor of any beneficiary. This will apply where a co- owner mortgages his share in the property;
5. The circumstances and wishes of the beneficiaries of full age and entitled to an interest in possession in the property subject to the trust or in the case of dispute, to the wishes of the majority by value.
Answer
The welfare of any minors who occupy the trust land as their home

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n under that section (e.g. on whether to order a sale), to have regard to the matters set out in s 15 including: 1. The intentions of the person(s) who created the trust; 2. The purposes for which the trust property is held; 3. <span>The welfare of any minors who occupy the trust land as their home; 4. The interests of any secured creditor of any beneficiary. This will apply where a co- owner mortgages his share in the property; 5. The circumstances and wishes of the ben

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Flashcard 1357535644940

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Question
The court is required by s 14, in exercising its jurisdiction under that section (e.g. on whether to order a sale), to have regard to the matters set out in s 15 including:
1. The intentions of the person(s) who created the trust;
2. The purposes for which the trust property is held;
3. The welfare of any minors who occupy the trust land as their home;
4. [...] ;
5. The circumstances and wishes of the beneficiaries of full age and entitled to an interest in possession in the property subject to the trust or in the case of dispute, to the wishes of the majority by value.
Answer
The interests of any secured creditor of any beneficiary.

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he matters set out in s 15 including: 1. The intentions of the person(s) who created the trust; 2. The purposes for which the trust property is held; 3. The welfare of any minors who occupy the trust land as their home; 4. <span>The interests of any secured creditor of any beneficiary. This will apply where a co- owner mortgages his share in the property; 5. The circumstances and wishes of the beneficiaries of full age and entitled to an interest in possession in

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Flashcard 1357571558668

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Question
The court is required by s 14, in exercising its jurisdiction under that section (e.g. on whether to order a sale), to have regard to the matters set out in s 15 including:
1. The intentions of the person(s) who created the trust;
2. The purposes for which the trust property is held;
3. The welfare of any minors who occupy the trust land as their home;
4. The interests of any secured creditor of any beneficiary. This will apply where a co- owner mortgages his share in the property;
5. [...]
Answer
The circumstances and wishes of the beneficiaries of full age and entitled to an interest in possession in the property subject to the trust or in the case of dispute, to the wishes of the majority by value.

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rust property is held; 3. The welfare of any minors who occupy the trust land as their home; 4. The interests of any secured creditor of any beneficiary. This will apply where a co- owner mortgages his share in the property; 5. <span>The circumstances and wishes of the beneficiaries of full age and entitled to an interest in possession in the property subject to the trust or in the case of dispute, to the wishes of the majority by value.<span><body><html>

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Flashcard 1357599608076

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Question
The court is required by s 14, in exercising its jurisdiction under that section (e.g. on whether to order a sale), to have regard to the matters set out in s 15 including:
1. The intentions of the person(s) who created the trust;
2. The purposes for which the trust property is held;
3. The welfare of any minors who occupy the trust land as their home;
4. The interests of any secured creditor of any beneficiary. This will apply where a co- owner mortgages his share in the property;
5. The circumstances and wishes of the beneficiaries [...] and entitled to an interest in possession in the property subject to the trust or in the case of dispute, to the wishes of the majority by value.
Answer
of full age

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minors who occupy the trust land as their home; 4. The interests of any secured creditor of any beneficiary. This will apply where a co- owner mortgages his share in the property; 5. The circumstances and wishes of the beneficiaries <span>of full age and entitled to an interest in possession in the property subject to the trust or in the case of dispute, to the wishes of the majority by value.<span><body><html>

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Flashcard 1357627395340

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Question
The court is required by s 14, in exercising its jurisdiction under that section (e.g. on whether to order a sale), to have regard to the matters set out in s 15 including:
1. The intentions of the person(s) who created the trust;
2. The purposes for which the trust property is held;
3. The welfare of any minors who occupy the trust land as their home;
4. The interests of any secured creditor of any beneficiary. This will apply where a co- owner mortgages his share in the property;
5. The circumstances and wishes of the beneficiaries of full age and [...] or in the case of dispute, to the wishes of the majority by value.
Answer
entitled to an interest in possession in the property subject to the trust

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y the trust land as their home; 4. The interests of any secured creditor of any beneficiary. This will apply where a co- owner mortgages his share in the property; 5. The circumstances and wishes of the beneficiaries of full age and <span>entitled to an interest in possession in the property subject to the trust or in the case of dispute, to the wishes of the majority by value.<span><body><html>

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Flashcard 1357642599692

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Question
The court is required by s 14, in exercising its jurisdiction under that section (e.g. on whether to order a sale), to have regard to the matters set out in s 15 including:
1. The intentions of the person(s) who created the trust;
2. The purposes for which the trust property is held;
3. The welfare of any minors who occupy the trust land as their home;
4. The interests of any secured creditor of any beneficiary. This will apply where a co- owner mortgages his share in the property;
5. The circumstances and wishes of the beneficiaries of full age and entitled to an interest [...] in the property subject to the trust or in the case of dispute, to the wishes of the majority by value.
Answer
in possession

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r home; 4. The interests of any secured creditor of any beneficiary. This will apply where a co- owner mortgages his share in the property; 5. The circumstances and wishes of the beneficiaries of full age and entitled to an interest <span>in possession in the property subject to the trust or in the case of dispute, to the wishes of the majority by value.<span><body><html>

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Flashcard 1357660949772

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Question
The court is required by s 14, in exercising its jurisdiction under that section (e.g. on whether to order a sale), to have regard to the matters set out in s 15 including:
1. The intentions of the person(s) who created the trust;
2. The purposes for which the trust property is held;
3. The welfare of any minors who occupy the trust land as their home;
4. The interests of any secured creditor of any beneficiary. This will apply where a co- owner mortgages his share in the property;
5. The circumstances and wishes of the beneficiaries of full age and entitled to an interest in possession in the [...] or in the case of dispute, to the wishes of the majority by value.
Answer
property subject to the trust

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nterests of any secured creditor of any beneficiary. This will apply where a co- owner mortgages his share in the property; 5. The circumstances and wishes of the beneficiaries of full age and entitled to an interest in possession in the <span>property subject to the trust or in the case of dispute, to the wishes of the majority by value.<span><body><html>

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Flashcard 1357717835020

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Question
The Mortgage Corporation v Shaire
Answer
Neuberger J held that TLATA 1996, s 15 had changed the law and the court now had greater flexibility in dealing with applications. Old case law should, therefore, be treated with caution, although not jettisoned

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The Mortgage Corporation v Shaire and others [2001] Ch 743 Neuberger J held that TLATA 1996, s 15 had changed the law and the court now had greater flexibility in dealing with applications. Old case law should, therefore

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Flashcard 1357745360140

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Question
Neuberger J held that TLATA 1996, s 15 had changed the law and the court now had greater flexibility in dealing with applications. Old case law should, therefore, be treated with caution, although not jettisoned
Answer
The Mortgage Corporation v Shaire

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The Mortgage Corporation v Shaire and others [2001] Ch 743 Neuberger J held that TLATA 1996, s 15 had changed the law and the court now had greater flexibility in dealing with applications. Old case law should, therefore, be treated with caution, although not jettisoned

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Flashcard 1357770788108

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Question
The Mortgage Corporation v Shaire and others [2001] Ch 743 Neuberger J held that [Statute] had changed the law and the court now had greater flexibility in dealing with applications. Old case law should, therefore, be treated with caution, although not jettisoned
Answer
TLATA 1996, s 15

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The Mortgage Corporation v Shaire and others [2001] Ch 743 Neuberger J held that TLATA 1996, s 15 had changed the law and the court now had greater flexibility in dealing with applications. Old case law should, therefore, be treated with caution, although not jettisoned

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Flashcard 1357816139020

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Question
The Mortgage Corporation v Shaire and others [2001] Ch 743 Neuberger J held that TLATA 1996, s 15 had changed the law and the court now had greater flexibility in dealing with applications. Old case law should, therefore, [...]
Answer
be treated with caution, although not jettisoned

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ad>The Mortgage Corporation v Shaire and others [2001] Ch 743 Neuberger J held that TLATA 1996, s 15 had changed the law and the court now had greater flexibility in dealing with applications. Old case law should, therefore, be treated with caution, although not jettisoned<html>

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Flashcard 1357872237836

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Question
a powerful consideration is and ought to be [...]. (Gibson LJ in Ireland Mortgages v Bell)
Answer
whether the creditor is receiving proper recompense for being kept out of his money, repayment of which is overdue

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a powerful consideration is and ought to be whether the creditor is receiving proper recompense for being kept out of his money, repayment of which is overdue. (Gibson LJ in Ireland Mortgages v Bell)

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Flashcard 1357888490764

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Question
a powerful consideration is and ought to be whether the creditor is receiving proper recompense for being kept out of his money, repayment of which is overdue. ([...] in Ireland Mortgages v Bell)
Answer
Gibson LJ

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a powerful consideration is and ought to be whether the creditor is receiving proper recompense for being kept out of his money, repayment of which is overdue. (Gibson LJ in Ireland Mortgages v Bell)

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Flashcard 1357897403660

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Question
a powerful consideration is and ought to be whether the creditor is receiving proper recompense for being kept out of his money, repayment of which is overdue. (Gibson LJ in [...])
Answer
Ireland Mortgages v Bell

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a powerful consideration is and ought to be whether the creditor is receiving proper recompense for being kept out of his money, repayment of which is overdue. (Gibson LJ in Ireland Mortgages v Bell)

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Flashcard 1357931744524

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Question
when a person becomes bankrupt, their assets [...].
Answer
vest in the trustee in bankruptcy

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when a person becomes bankrupt, their assets vest in the trustee in bankruptcy.

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Flashcard 1357963726092

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Question
TLATA 1996, s14 is of less relevance to [...]
Answer
married couples

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TLATA 1996, s14 is of less relevance to married couples as disputes here are resolved under the Matrimonial Causes Act (MCA) 1973.

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Flashcard 1358013271308

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Question
TLATA 1996, s14(2)(a) also empowers the court to [...]
Answer
dispense with any requisite consent to a sale or to consult any person in connection with the exercise of their power of sale.

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TLATA 1996, s14(2)(a) also empowers the court to dispense with any requisite consent to a sale or to consult any person in connection with the exercise of their power of sale.

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Flashcard 1358050495756

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Question
Re Haghighat (A Bankrupt)
Answer
An order for possession of a bankrupt’s property in favour of the trustee in bankruptcy was postponed for three years. The eldest child of the bankrupt lived in the property and was seriously disabled with cerebral palsy and required continuous care.

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Re Haghighat (A Bankrupt) An order for possession of a bankrupt’s property in favour of the trustee in bankruptcy was postponed for three years. The eldest child of the bankrupt lived in the property and was seri

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Flashcard 1358087458060

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Question
Re Haghighat (A Bankrupt) An order for possession of a bankrupt’s property in favour of the trustee in bankruptcy was [Outcome]. The eldest child of the bankrupt lived in the property and was seriously disabled with cerebral palsy and required continuous care.
Answer
postponed for three years

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Re Haghighat (A Bankrupt) An order for possession of a bankrupt’s property in favour of the trustee in bankruptcy was postponed for three years. The eldest child of the bankrupt lived in the property and was seriously disabled with cerebral palsy and required continuous care.

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Flashcard 1358127566092

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Question
Re Haghighat (A Bankrupt) An order for possession of a bankrupt’s property in favour of the trustee in bankruptcy was postponed for three years. [Why?]
Answer
The eldest child of the bankrupt lived in the property and was seriously disabled with cerebral palsy and required continuous care.

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Re Haghighat (A Bankrupt) An order for possession of a bankrupt’s property in favour of the trustee in bankruptcy was postponed for three years. The eldest child of the bankrupt lived in the property and was seriously disabled with cerebral palsy and required continuous care.

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Flashcard 1358169771276

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Question
Re Raval
Answer
A short postponement of an order for sale was allowed where there was a paranoid schizophrenic spouse who could have been seriously affected by a move.

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Re Raval [1998] 2 FLR 718 A short postponement of an order for sale was allowed where there was a paranoid schizophrenic spouse who could have been seriously affected by a move.</

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Flashcard 1358193102092

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Question
Re Raval [1998] 2 FLR 718 [Outcome] where there was a paranoid schizophrenic spouse who could have been seriously affected by a move.
Answer
A short postponement of an order for sale was allowed

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Re Raval [1998] 2 FLR 718 A short postponement of an order for sale was allowed where there was a paranoid schizophrenic spouse who could have been seriously affected by a move.

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Flashcard 1358224821516

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Question
Re Raval [1998] 2 FLR 718 A short postponement of an order for sale was allowed where [Why?].
Answer
there was a paranoid schizophrenic spouse who could have been seriously affected by a move

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Re Raval [1998] 2 FLR 718 A short postponement of an order for sale was allowed where there was a paranoid schizophrenic spouse who could have been seriously affected by a move.

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Flashcard 1358275677452

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Question
Ali v Hussein
Answer
There were several co-owners, one of whom wished the land to be sold in order to retrieve his investment. The court made an order postponing the sale for a period of some months to allow the other co-owners to get together in order to buy out the co-owner who wished to be released.

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Ali v Hussein (1974) 231 EG 372 In this case, there were several co-owners, one of whom wished the land to be sold in order to retrieve his investment. The court made an order postponing the sale for

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Flashcard 1358326271244

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Question
Ali v Hussein (1974) 231 EG 372 In this case, there were several co-owners, one of whom wished the land to be sold in order to retrieve his investment. [Outcome]
Answer
The court made an order postponing the sale for a period of some months

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Ali v Hussein (1974) 231 EG 372 In this case, there were several co-owners, one of whom wished the land to be sold in order to retrieve his investment. The court made an order postponing the sale for a period of some months to allow the other co-owners to get together in order to buy out the co-owner who wished to be released. Here, under the pre-TLATA 1996 principles, the court was clearly trying to mainta

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Flashcard 1358357990668

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Question
Ali v Hussein (1974) 231 EG 372 In this case, there were several co-owners, one of whom wished the land to be sold in order to retrieve his investment. The court made an order postponing the sale for a period of some months [Why?].
Answer
to allow the other co-owners to get together in order to buy out the co-owner who wished to be released

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>Ali v Hussein (1974) 231 EG 372 In this case, there were several co-owners, one of whom wished the land to be sold in order to retrieve his investment. The court made an order postponing the sale for a period of some months to allow the other co-owners to get together in order to buy out the co-owner who wished to be released. Here, under the pre-TLATA 1996 principles, the court was clearly trying to maintain a balance between the respective interests of the parties. The court can take a similar approach und

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Flashcard 1358399147276

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Question
Ali v Hussein (1974) 231 EG 372 In this case, there were several co-owners, one of whom wished the land to be sold in order to retrieve his investment. The court made an order postponing the sale for a period of some months to allow the other co-owners to get together in order to buy out the co-owner who wished to be released. Here, under the pre-TLATA 1996 principles, the court was clearly trying to [...]. The court can take a similar approach under TLATA 1996
Answer
maintain a balance between the respective interests of the parties

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made an order postponing the sale for a period of some months to allow the other co-owners to get together in order to buy out the co-owner who wished to be released. Here, under the pre-TLATA 1996 principles, the court was clearly trying to <span>maintain a balance between the respective interests of the parties. The court can take a similar approach under TLATA 1996<span><body><html>

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Flashcard 1358437420300

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Question
Dennis v McDonald
Answer
A co-habiting couple bought a house as tenants in common in equal shares. They had five children. Due to the man’s violence, the woman left the house with the two younger children. The man continued to reside in the house with the other three children. The Court of Appeal refused to order a sale, but ordered the man to pay occupation rent to the woman that amounted to half a fair rent for the premises.

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Dennis v McDonald [1981] 1 WLR 810 A co-habiting couple bought a house as tenants in common in equal shares. They had five children. Due to the man’s violence, the woman left the house with the two youn

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Flashcard 1358473334028

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Question
Dennis v McDonald [1981] 1 WLR 810 A co-habiting couple bought a house as tenants in common in equal shares. They had five children. Due to the man’s violence, the woman left the house with the two younger children. The man continued to reside in the house with the other three children. [Outcome].
Answer
The Court of Appeal refused to order a sale, but ordered the man to pay occupation rent to the woman that amounted to half a fair rent for the premises

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couple bought a house as tenants in common in equal shares. They had five children. Due to the man’s violence, the woman left the house with the two younger children. The man continued to reside in the house with the other three children. <span>The Court of Appeal refused to order a sale, but ordered the man to pay occupation rent to the woman that amounted to half a fair rent for the premises.<span><body><html>

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Flashcard 1358505053452

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Question
Dennis v McDonald [1981] 1 WLR 810 A co-habiting couple bought a house as tenants in common in equal shares. They had five children. Due to the man’s violence, the woman left the house with the two younger children. The man continued to reside in the house with the other three children. The Court of Appeal refused to order a sale, but ordered the man to pay [...] to the woman that amounted to half a fair rent for the premises.
Answer
occupation rent

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ve children. Due to the man’s violence, the woman left the house with the two younger children. The man continued to reside in the house with the other three children. The Court of Appeal refused to order a sale, but ordered the man to pay <span>occupation rent to the woman that amounted to half a fair rent for the premises.<span><body><html>

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Flashcard 1358522354956

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Question
Dennis v McDonald [1981] 1 WLR 810 A co-habiting couple bought a house as tenants in common in equal shares. They had five children. Due to the man’s violence, the woman left the house with the two younger children. The man continued to reside in the house with the other three children. The Court of Appeal refused to order a sale, but ordered the man to pay occupation rent to the woman that amounted to [...].
Answer
half a fair rent for the premises

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man left the house with the two younger children. The man continued to reside in the house with the other three children. The Court of Appeal refused to order a sale, but ordered the man to pay occupation rent to the woman that amounted to <span>half a fair rent for the premises.<span><body><html>

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TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).
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TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)). They must be unanimous (TLATA 1996, s 19(2)). Beneficiaries may give to the trustee(s) a written direction to retire from the trust and/or a written direction to appoint by writing th

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Flashcard 1358675184908

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Question
TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is [...] and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).
Answer
no person nominated in the trust instrument for the purpose of appointing trustees

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Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is <span>no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).<span><body><html>

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Flashcard 1358676757772

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Question
TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and [...] and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).
Answer
the beneficiaries are all together sui juris

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trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and <span>the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).<span><body><html>

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Flashcard 1358678330636

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Question
TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and [...] (TLATA 1996, s 19(1)(b)).
Answer
absolutely entitled to the trust property

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them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and <span>absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).<span><body><html>

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Flashcard 1358679903500

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Question
TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if [...] (TLATA 1996, s 19(1)(b)).
Answer
there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property

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d Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if <span>there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).<span><body><html>

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TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to [...]. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).
Answer
select new trustees (although they cannot actually appoint them) and to require existing trustees to retire

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TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui j

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Question
TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to [...] and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).
Answer
select new trustees (although they cannot actually appoint them)

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TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees an

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Flashcard 1358684622092

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Question
TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to [...]. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).
Answer
require existing trustees to retire

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TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui j

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[Statute] has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).
Answer
TLATA 1996, s19

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TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing

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Question
TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property ([Statute])
Answer
TLATA 1996, s 19(1)(b)

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etire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (<span>TLATA 1996, s 19(1)(b)).<span><body><html>

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Flashcard 1358691175692

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Question
TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s [...])
Answer
19(1)(b)

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