Statistics for Equity: Trustee Powers (Investment)

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General Stats

  • This quiz has been taken 0 times
  • The average score is 0 of 25

Answer Stats

HintAnswer% Correct
S.5 of the Trustee Act 2000Advice rules
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Relevant factorsAge and type of beneficiaries
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S.8 of the Trustee Act 2000Allows land investments
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Four points raised in this caseAvoid 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 2000General 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 caseMust 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 caseRatio of income:capital considered
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Four points raised in this caseRegard 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 2000Standard Investment Criteria
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Relevant factorsStructure 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 factorsValue 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 ethicsWhen 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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