Intention of Life Interest

Intention of Life Interest 1. (a) The life interest of Parwinder which on the surface appears to be a vested, immediate and limited interest is coupled with a remainder interest for their daughters. In this instance, there is a problem with certainty of intention. Although technical words are not necessary,[1] problems arise when precatory words such as ‘in full confidence’ and ‘will respect’ are used in this provision. The wording of this provision is very similar to the wording of another provision featuring in Comiskey[2] which stated â€Å"in full confidence that †¦ at her death she will devise it†¦Ã¢â‚¬  between nieces as â€Å"she might see fit.† Therefore, following this judgment it is likely that the courts would construe from her words an intention to leave her estate to her husband with a gift over of the remaining property to be shared between her daughters according to his will and otherwise equally. However, if the court decides that intention cannot be derived from this provision, Parwinder will take the property beneficially and there is a resulting trust.[3] In this instance Parwinder will be appointed trustee of the estate thus, he can be compelled to carry out the trust. Should Parwinder become unable to allocate shares to his daughters the court will operate as trustee and distribute the estate if all certainties are found to be valid. If Parwinder is held to be a trustee, he must carry out the distribution of the estate as a trust is obligatory. Therefore, he must make a provision in his will allocating the distribution of the estate or else he must create an express trust making sure he includes valid certainties and follows the beneficiary principle inter vivos. This provision may also constitute a trust in conjunction with a power of appointment. According to Hanbury Martin, when a husband gives his estate to his â€Å"widow for her life, and after her death to their children† but allows the wife to decide the shares for each child it is a valid power to â€Å"appoint using her absolute discretion with a gift in default of equal shares â€Å"[4] Therefore, a special power exists whereby Parwinder must distribute the estate to a specified group of appointees[5] however, he is under no obligation to carry out his duty or even consider it as an obligation.[6] (b) Firstly, this provision may fail for lack of certainty of subject matter in that the size of each beneficial interest is not expressly declared.[7] However, the court may determine that the settlor has provided an effective method of determining the size of the gift therefore; the court will apply its assumption in order to prevent the gift from failing.[8] Should the courts be unable to determine any certainty of size of the beneficial interest the provision will become a resulting trust for the settlor’s estate. Assuming the share size may be determined by some means, it would appear that  £200,000 has been made over into a trust held by the trustees of the estate. However, the obligation to distribute the money to the first 100 applicants must be clarified as a discretionary trust or a power of appointment. According to Hanbury Martin it appears that the trustees who hold a trust for the benefit of â€Å"such members of a class of beneficiaries as the trustees shall in their absolute discretion select†[9], are in fact the trustees of a discretionary trust. The first requirement would then be to ascertain if there is certainty of objects using the test encouraged by the House of Lords, the Given Postulant Test.[10] The test requires the trustees to ask â€Å"Can it be said with certainty that any given individual is or is not a member of the class?†[11] Using this test it is valid to say that any postulant who has written in response to the advertisement in the Oxford Gazette and who have made a moral claim for a share will have to be considered a member of the class of beneficiaries. A slight problem arises if in response to the advertisement the following day 100+ letters are received making it impossible for the trustees to determine who the first 100 beneficiaries are as is clearly requested in the provision. This would result in administrative unworkability and the trust would become void and revert back to the settlor’s estate. (c) The wording of the provision would be construed to impose a fiduciary duty on the trustees and thus, produce an express trust. This is due to all certainties being very explicit and straightforward. Although Charles is in a coma and unlikely to recover, the trustees are still bound under the terms of the trust to distribute property to Charles according to the declaration of trust. Overall, the trustees are under a general duty to act even-handedly and â€Å"maintain equality between the beneficiaries†[12] especially in the context of successive interests. The trustees still maintain the legal title of the cars and Charles and the Oxford Motor Museum enjoy merely an equitable and beneficial interest. Therefore, it is possible for the Trustees to maintain the legal title to the cars and give the entire collection of cars to the Museum on trust as they will not automatically acquire the legal title to the cars. Should Charles die his equitable interest in one of the cars will succeed him and become part of his estate, however, if he were to recover he would still have an equitable interest in one of the cars which he could then take advantage of. Once he or a beneficiary of his estate has chosen a car the legal title of the car will be transferred to them through the appropriate procedure and the trustee’s duty to Charles will be fulfilled and the trust will end. The trustees will then hold the remaining cars on trust for the Museum. The final option available to the trustees is to make an application to the Court for Directions. As Charles is still living, he has an earnest claim on one of the vintage cars; therefore, if the trustees apply to the Court for direction and follow any subsequent directions of the court they will be protected.[13] This process has come into effect to allow difficulties in administration of the trust to be heard by the Court and alleviate the â€Å"risk of making decisions upon a false premise.†[14] 2. One of the main problems in the current law surrounding interests in the family home is in regards to the sometimes archaic nature of the law in respect to the more level field that man and woman now work and support themselves through their careers. Pettitt vPettitt[15] made clear that a women housework, childcare and contributions towards expenses do not equate to contribution towards the purchase price therefore, unless the wife demands the house to be conveyed to the spouses jointly, she may find she has no interest in the house upon dissolution of her marriage, however, the right to invoke discretionary powers of the court to distribute the property is still an option she has upon divorce. The main problem with the current law today is the lack of statutory power a court has when dealing with cohabiting couples who share a family home. Couples may often live together for years and have children and mutually contribute to the house via renovation, expenses and upkeep, however, often times the house is registered to one of the individuals only. However, a non-legal co-owner may have an equitable interest resulting in a constructive trust even where a direct financial contribution has not been made.[16] A constructive trust is another solution to this problem whereby the courts will consider contributions made to the mortgage payment by each party, refurbishment the house as this contributed to the maintenance and essential upkeep. This remedy comes into effect if one party has â€Å"acted to his detriment† in reliance on the assurance that he held a beneficial interest.[17] Lastly, and in most cases preferable is the remedy of proprietary estoppel or when the Courts â€Å"protect the expectations of the non-owner and may award the non-owner as much as a full ownership interest in the land if justice demands†[18]. The essential elements of proprietary estoppel exist where the legal owner of the property has encouraged a third party to believe that he has or will in the future obtain rights in respect of the property and the third party has acted in reliance of this assurance to his detriment.[19] This is the most just remedy available as it will consider mere oral declarations such as â€Å"the house is as much yours as mine† or â€Å"we share everything 50-50† as an assurance and the non-legal owner is likely to be granted an equitable interest in the property upon dissolution of the family home based on the amount of contribution made over the years of communal living. BIBLIOGRAPHY PEARCE, R AND STEVENS, J. (2002) The Law of Trusts and Equitable Obligations 3rd Edition London: LexisNexis Butterworth’s Tolley. PENNER, J.E. (2001) Mozley and Whitley’s Law Dictionary 12th Edition London: Butterworths. MARTIN, J.E. (2001) Hanbury Martin Modern Equity 16th Edition London: Sweet Maxwell Ltd. Footnotes [1] Paul v Constance [1977] 1 W.L.R. 527 [2] Comiskey v Bowring-Hanbury [1905] A.C. 84 [3] Watson v. Holland [1985] 1 All E.R. 290. [4] Martin (2001) page 173. [5] Re Gestetner [1953] Ch. 672. [6] Martin (2001) page 174 [7] Boyce v Boyce (1849) 16 Sim 476. [8] Re Golay [1965] 1 W.L.R. 969 [9] Martin (2001) page 175. [10] Re Gulbenkien’s Settlements [1970] AC 508 [11] Ibid per Lord Wilberforce [1971] AC 424 at pages 454-6. [12] Martin (2001) page 553. [13] Re Londonderry’s Settlement [1965] Ch. 918. [14] Martin (2001) page 550. [15] [1970] AC 777. [16] Lloyds Bank v Rossett [1991] 1 AC 107. [17] Ibid at page 536. [18] Penner (2001), page 281. [19] Gillies v Keogh [1989] 2 NZLR 327 at page 346 per Richardson J.

It Is Difficult to Remain a Bystander in the Face of Conflict. Discuss. Essay

It is difficult to remain a bystander in the face of conflict. discuss. In any discussion of conflict it is important to consider the many types of conflict that can be experienced and the likelihood of remaining aloof from the ideological, emotional, physical, moral and spiritual dimensions of conflict. Conflict in general can be found in all of human history and in its reflection in art, poetry, literature and in the everyday experience of humanity. Moral dilemmas, property and border disputes, lovers’ spats, sibling rivalry, broken hearts, jealousy, envy and lust for power. The list is long, many people have sought to find a way to remain neutral but are inevitably drawn into conflict compelled by conscience, desire or belief, or are swept up in conflict as just collateral damage. By definition a bystander is a person present at an event or incident but does not take part. Conflict can show its face in many forms. But it’s not the nature of the conflict that can draw people from the sidelines; it can be the situation the person is faced with and completely reliant on the belief they hold and their moral constitution. A common real life example is when you pass a mugging in progress. You’re faced with a dilemma, to either help the stranger and risk physical harm to yourself or leave the stranger to his fate and remain safe yourself. It is not the situation of conflict that pulls onlookers into the fray, but the strength of an individuals will that plays the main role in whether one becomes a martyr for a cause or cowers. Galileo is faced with a similar situation where he is troubled by a spiritual and strong moral conflict where he must choose between science or faith. It was difficult for Galileo to remain a bystander, the inquisitive nature and the constant drive to seek the truth of how the celestial satellites behave given to him by Bertolt Brecht. Brecht used Galileo as a tool to illustrate that a man with passion can find it difficult to remain a bystander in the face of conflict â€Å"unhappy is the land where heroes are needed† Galileo saw himself as that hero, plagued with the task of educating Italy and the world. This task he bestowed upon himself resulted in much dispute between the church’s teachings and Europe. Galileo is also shown as ‘only human’ a man of flesh and bloo d that â€Å"enjoys the pleasures of life† but when faced with the threat of physical torture he quails. He It may be true that a person with passion may be easily stirred to rise to the  challenge of a spiritual or moral debate but conflicts of a physical nature, such as open conflict or a battle between ideological beliefs allows little choice to the surrounding bystanders to remain uninvolved â€Å"sooner or later†¦one must take sides. If one is to remain human† in Vietnam war many people took sides but just as many were ignorant and unwilling to partake in the violence and ideological conflict that was raging throughout South-East Asia. As the red wave of communism swept south-west endangering the old colonial powers. It was as if a hornet’s nest was struck. War pulls people, unwillingly towards it, to feed itself and to grow. The peasants were hit the hardest in the Vietnam war. â€Å"You and your like are trying to make a war with the help of people who just aren’t interested.† â€Å"They don’t want communism.† â€Å"They want enough rice,† â€Å"They don’t want to be shot at. They want one day to be much the same as another.† The peasants were used as pawns, seen as cheap human shields and laborers. The communists used villages to hide â€Å"it’s no use†¦After every attack the Vietcong hide their weapon and disguise themselves as farmers† using them for their own protection and gain. Equally the French and the communist used them to harvest the rice fields. ‘For in war, food is more valuable than gold’. For the peasants they h ad little understanding of the battles that raged around them but their ignorance did not protect them from stray bullets or mortar explosions. The quiet American explores a wide range of conflicts from the physical realm of open conflict to the ideological. Graham Greene through the polar opposite characters of Pile and Fowler illustrates that remaining uninvolved and untouched by these two forms of conflict is impossible. Through the large difference between the two characters we can see that there is no specific type of person that becomes â€Å"engage† when conflict arises but it is human nature to become involved. Fowler with age and experience, made bitter by the world and human nature and proudly unbiased in his views towards the conflict around him and Pile with youth, inexperience and a gentle simplicity of human nature. The stark contrast is a metaphor of how anyone can be drawn into conflict, even without noticing in Fowlers case. Fowler was shocked into action by Piles simple mined motives of the bombing and the simplicity in which he saw it. â€Å"Innocence is a kind of insanity† and Piles insanity caused many to become involved. The matter in which one stays detached from internal conflict such as matters of love is much more complicated. History and literature is ripe with stories of, kingdoms falling, Machiavellian politicians and heroes prevailing in the name of ‘love’. The human race is obsessed with the idea of love, whether it be love for one’s country, for one’s friends or one’s wife or husband. It is difficult to remain aloof from the desire and the calling we all secretly crave. Phuong is an interesting case. She managed to remain relatively independent from the two men who were fighting for her hand. This might be due to the cultural differences in the belief of love and duty of a woman, â€Å"she doesn’t love like you or I† compared to the mindset of a western woman. Greene uses Phuong as a metaphor for Vietnam. A silent, fragile thing with Fowler representing the old Colonial powers such as France and England While Pile representing the new age of America. Both fighting for supremacy over her. It may be true that remaining a bys tander when one is confronted with conflict is challenging but it is not the conflict itself that is to blame. It is difficult to remain a bystander in the face of conflict, but not for every situation. Each situation of conflict has a host of factors at play such as the type of conflict as well at the person affronted. Whether it is by choice or involuntarily our world and society is based upon conflict and how we deal with it. It may be safe to remain a bystander when faced with conflict.

The Drinking Age Should NOT Be Lowered Essay - 1006 Words

Several organizations exist that are either in support of or opposed to lowering the minimum legal drinking age. Choose Responsibility, a group founded by John McCardell, proposes that upon completion of a 40 hour course to educate young people about alcohol, 18, 19, and 20 year old people should be licensed to drink. The Amethyst Initiative, part of Choose Responsibility, is a petition to Congress to rethink the minimum legal drinking age. Several college leaders have signed this petition in the belief that lowering the minimum legal drinking age will reduce binge drinking on college campuses. The Insurance Institute For Highway Safety (IIHS) has performed research on the results of states lowering, then raising, their minimum legal†¦show more content†¦They have also asked Congress â€Å"to support an informed and dispassionate public debate over the effects of the 21 year-old drinking age† through the Amethyst Initiative. I question how giving eighteen year old pe rsons the ability to drink legally will reduce binge drinking. If young people are told that it is okay to drink at age 18, they will. A surprising number of young people already drink illegally at age 18, and that number will only increase if 18 becomes the new minimum legal drinking age. Studies have shown that younger people get drunk twice as fast and have a more difficult time knowing when to stop. This is a core problem with underage drinking. Research shows that when the minimum legal drinking age is 21, opposed to lower ages in the past, young people do drink less. A lower minimum legal drinking age results in more young drinkers, not less. Amethyst Initiative and Choose Responsibility have the right goal - to reduce binge drinking - but the wrong approach. The approach should be stronger enforcement and firm parental rules. Teens must understand that the age limit of 21 is there for their safety, not to keep them having a good time. 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