Vandervell v inland revenue commissioners  2 ac 291 this case considered the issue of dispositions of equitable interests and assignments of income and whether or not a man had effectively disposed of shares in the form of a gift to a college even though he did not do so in writing. Formalities topics 1 - brand new trusts 2 - dispositions 3 - grey v irc 4 - vandervell v irc 5 - sub-trusts 6 - what counts as signature slides playlist mindmap (in pdf. Grey v irc  what was the dicta of vandervell v irc  mr vandervell was the beneficiary under a bare trust, and directed the trustees to transfer the legal title to the property. 107 -facts: mr vandervell held beneficial interest in a parcel of shares held by a bank and he wish to give a gift to the royal college of surgeons and avoid paying tax on the gift.
2 the most recent decision of the supreme court of canada is kerr vbaranow 2011 scc 10, which we will consider anon hodgson v marks  ch 892 (ca), cb, p591 here the widow hodgson transferred her house to her lodger who sold it to marks (and. N2 - a re-analysis of the key case of vandervell v irc offering a better explanation ab - a re-analysis of the key case of vandervell v irc offering a better explanation kw - equity. A re-analysis of the key case of vandervell v irc offering a better explanation. Megarry j in re vandervell's trusts (no2) suggests that a resulting trust of type (b) does not depend on intention but operates automatically i am not convinced that this is right.
See also - vandervell v inland revenue commissioners hl (bailii,  ukhl 3,  2 ac 291, bailii,  ukhl tc_43_519) the taxpayer made a gift of shares to a trust set up to fund a medical professorship. ˘ˇˆ ˇ ˙˝ˆ˝˝ ˘ ˇˇ ˆ˙˝˛ ˇ ˝ ˚ ˝˜ ˘ ˇ ,-)'##% / ',+,+0#($1',#,%&,0$ +##,$+ + ,% $%,#,$+ $( 2),#3' ,+#%#. One problem with this explanation of s 53(1)(c) is that if it is right, then it would have been desirable for vandervell v irc (1967) to be decided differently.
The first was vandervell v inland revenue commissioners, where the house of lords was concerned with whether an oral instruction to transfer an equitable interest in shares complied with the writing requirement under law of property act 1925 section 53(1)(c), and so whether receipt of dividends was subject to tax. Cited - oughtred v inland revenue commissioners hl (bailii,  ukhl 3,  ac 206) the taxpayer and her son owned through a trust the entire beneficial interest in the shares of a company she agreed to transfer other shares to him in return for his interest in the shares subject to the trust, releasing the trust. Please read the following extract from the speech of lord upjohn in vandervell v irc  2 ac 291 and then answer the questions which follow.
Re vandervell trustees ltd (no 2)  ewca civ 7 is a leading english trusts law case, concerning resulting trusts this was the third decision concerning tony vandervell 's will. Title: vandervell v irc: a case of overreaching created date: 20160808072340z. Vandervell v irc  2 ac 291 (hl) concerning: whether a transfer of the legal estate, where there is an existing equitable interest, to another requires writing under s 53(1)(c) facts a bank which held shares for vandervell as a bare trustee transferred them, on his directions, to the royal college of surgeons subject to an option. As such, vandervell, if he retained an interest in it, would have to pay considerable surtax on it the house of lords held by a 3-2 majority that whilst the trust company had the legal title to the option, vandervell had not successfully divested himself of an equitable interest in the option.
Documents similar to vandervell v inland revenue commissioners - the florida national bank of jacksonville, florida, and herbert t ballard, jr, as co-executors of the estate of herbert t ballard, deceased v. Find great deals on ebay for vandervell rod bearings shop with confidence. Vandervell v irc  2 ac 291 facts between vandervell and the irc : vandervell (v) owned 100,000 a shares and 26m b shares in vandervell products he set up a trust company (vandervell trustees) and transferred the 26m b shares to be held on trust for his children (1949.
In vandervell v irc where national provincial bank held the legal title to shares on behalf of mr vandervell were orally directed by mr vandervell to transfer the legal title of the shares to the royal college of surgeons and made it clear that he wanted to transfer his own beneficial interest it was held that this was a valid disposition. Presumed resulting trusts arise either from voluntary transfer of the legal estate or by contribution to the purchase price in these situations it is presumed that the person did not intend to make a gift of the property or money unless there is a clear intention that they did so intend.
) therefore, in vandervell v irc, as the rights were no longer held in trust, therefore, there was no trustee to protect and as such the section had no work to do and inapplicable c) now, as in grey, the trustee received the direction from the beneficiary himself and knew that it was genuine and no allegation by false assignee can deceive him. 15 8 dispositions of an equitable interest (b) dispositions of equitable interests general reading for this topic: hudson, section 57 this topic is subtle and complex. Neville v wilson - nourse adopting reasoning used in oughtred v irc form - self-declaration of t of an existing equitable interest for another - hayton theory depends on whether b1 retains any active duties (if sub-trust is a 'bare' trust) or not. T he decision of the house of lords in vandervell v irc  2 ac 291 is difficult to explain but highly convenient in everyday commerce this article uses the doctrine of overreaching to explain and justify their lordships' approach to the formalities for dealing with trust property at the direction of beneficiaries.