Equity: Trustee Powers (Investment) - Statistics

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Answer Stats
Hint Answer % Correct
S.5 of the Trustee Act 2000 Advice rules
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Relevant factors Age and type of beneficiaries
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S.8 of the Trustee Act 2000 Allows land investments
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Four points raised in this case Avoid all investments that are attended with risk
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Regard for... Diversification of investment
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What should a trustee seek advice for? Diversifying investments S.5(2)
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S.3 of the Trustee Act 2000 General power of investment
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What case rationalised this? Harries v The Church Commissioners for England [1992]
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Who made the statement, 'Any lawyer who failed to include wider investing powers... would be guilty of professional negligence'? Lord Goodhart
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Four points raised in this case Must not choose investments the trust instrument doesn't allow
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What case endorsed this? Nestle v National Westminster Bank [1993]
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What is defined in S.5(4)? Proper advice
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Four points raised in this case Ratio of income:capital considered
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Four points raised in this case Regard for interests of those entitled to income and future ones
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Case for where duty to invest derives? Re Wragg [1919]
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What is the 'Portfolio Theory' Should look at whole rather than individual investments
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Case that put forth a trustee would not be liable if he acted as the prudent man in the regular course of business? Speight v Gaunt (1883)
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S.4 of the Trustee Act 2000 Standard Investment Criteria
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Relevant factors Structure of trust
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Regard for... Suitability of investment
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What act limited investments to two categories? Trustee Investment Act 1961
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Relevant factors Value of fund
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What should a trustee seek advice for? When exercising power S.5(1)
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When should a trustee limit investments due to ethics When it can be proved to be as good as or better than unethical one
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When does the exclusion apply? When trustee themself has knowledge or expertise S.5(3)
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