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Hansel owes a debt of 800,000 to his business partner, Dr Wolfe. Hansel has nothing in his bank account, and says he cannot pay. Advise
Hansel owes a debt of 800,000 to his business partner, Dr Wolfe. Hansel has nothing in his bank account, and says he cannot pay. Advise him in relation to the following transfers.
Presumed (when an absolute gift is in question)
- Hansel bought a 100,000 sports car and gave his daughter the keys.
- Who owns the car?
- Hansel transferred title to his holiday home, No. 2 Gingerbread Lane, valued at 200,000 to his sister Gretel. He made the transfer for only nominal consideration.
- Who has beneficial title of No. 2 Gingerbread Lane? Who has legal title?
Automatic (when an express trust is problematic)
- Hansel made a cash transfer of 300,000 to Grimm. He attached a note, saying, 'this is to be held on trust for the non-charitable Chocoholic Support Group'. Grimm had been the trustee of the group. But Hansel did not know that the Chocoholic Support Group no longer meet. It has ceased to exist.
- Who has beneficial title to the 300,000 in Grimm's account? Who has legal title?
- Hansel's sister, Gretel, had given him 220,000 in shares on trust. Making a valid transfer to her solicitor, who was to act as trustee, Gretel wrote a note to say that the shares were 'for Hansel to spend during his LLM year'. Hansel only cashed in 20,000 worth of the shares during his time studying for the LLM.
- Who has beneficial title to the shares? Who has legal title?
- Dr Wolfe knocks the door. He wants his money. Taking all the transactions together in overview, how much can he have?
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