Talk:Creation of express trusts in English law/GA1

GA Review

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Reviewer: Malleus Fatuorum 13:29, 19 November 2010 (UTC)

Title

• I'm a little unconvinced by this article's title. Why isn't it simply called Express trusts in English law?

  Because it deals with the creation of such trusts, not their operation, the role of the trustees and beneficiaries, the modification, so on, so forth. Express trusts include charitable trusts, purpose trusts, arguably quistclose trusts, fixed trusts, discretionary trusts and mere powers, et al. Ironholds (talk) 16:14, 20 November 2010 (UTC)

Lead

• Why is the word "Creation" is capitalised in the first sentence of the lead?

  My bad. Ironholds (talk) 16:14, 20 November 2010 (UTC)

• The last three sentences of the second paragraph expand on what has already been said in the last sentence of the first paragraph. It would be better to bring this stuff together in either place.

  Fixed. Ironholds (talk) 16:14, 20 November 2010 (UTC)

Capacity

• "A minor cannot hold land, and therefore cannot create a trust of land; in addition, unless they are soldiers of 'mariners at sea', they cannot form a valid will." Should that be "soldiers or 'mariners at sea'"?

  Damn typos. Damn them to heck. Ironholds (talk)

• "... the minor can also plead non est factum when he is too young to appreciate the nature of forming a trust." I'm struggling with this a little bit. First of all, "also" doesn't seem right here, as it's saying that would be in addition to the courts deciding that the trust was detrimental to the minor, whereas what I think is being said is that this is alternative approach to having the trust voided? My second problem is the tenses used here. It doesn't seem to make sense to allow a plea of non est factum only when the minor is too young to appreciate the nature of forming a trust. Surely the plea would be allowed some time later, perhaps when the minor was old enough to understand? Isn't what's relevant that the minor was too young at the time of forming the trust to understand what (s)he was doing?

  Indeed; bad language, now fixed. Ironholds (talk) 16:14, 20 November 2010 (UTC)

Three certainties

• "The test for determining this differs depending on the type of trust". Given that we're only describing express trusts here is this really relevant?

  No; express trusts include fixed trusts, discretionary trusts and mere powers. Express simply means "expressly created". Ironholds (talk) 16:14, 20 November 2010 (UTC)

Constitution

• "In some circumstances, providing the intention and telling the trustees where to find it is sufficient". What this is saying is that telling the trustees where to find the intention is sufficient, but I'm sure that's not what's meant.

  Fixed. Ironholds (talk) 16:14, 20 November 2010 (UTC)

Land

• "... there must be provable evidence of the trust's existence". The phrase "priovable evidence" seems strange to me. If something isn't provable then in what sense is it evidence?

  Fixed. Ironholds (talk) 16:14, 20 November 2010 (UTC)

The discussion above is closed. Please do not modify it. Subsequent comments should be made on the appropriate discussion page. No further edits should be made to this discussion.