Equity Law problem question

A held a tranche of shares in B Ltd on organized religion for J. J wished to make the shares everyplace to G and instructed A to exchange appellation to the shares to G. A signed the imparting memorandum and transfer the memorandum to Gs solicitor, T, along with the certificate of statute title to the shares. Before T was able to register the shares in Gs name, A was killed in a car accident. asleep of the tragic accident, G declared a religious belief over the shares, which she believed were registered in her name, in favour of R. Julian has now changed his mind. He has asked As soulfulnessal representative, S, to transfer the shares to Neil. Legal title to the shares was never transferred by T.

Who has the best title to the shares in candour? Would your answer differ if A had originally held the shares on trust for J for life, remainder to L, but the tuition to A to transfer the shares had come from J alone?

J is the absolute good owner of the trust property (i.e. the shares in B Ltd.) and may therefore require A, as the trustee, to transfer property at his discretion under the rule in Saunders v. Vautier. This rule is nevertheless subject to the requirement that J is both of full epoch and capacity.



Although transfer of the legal title to G, would at law, have the opinion of terminating the trust, legal title has not been effectively transferred and G allow therefore need to rely on having acquired some roll of genuine or beneficial interest.

If Js instruction to A to transfer the title of the shares to G is made within the scope of s53 (1)(c) of the Law of Property Act 1925, there impart be no bar to the passing of beneficial self-will and consequently, the assignee becomes the new beneficiary of the trust. S 53(1)(c) states that:
A disposition of an equitable interest or trust subsisting at the time of the disposition, mustiness be in writing signed by the person disposing of the same or by his agent thereunto lawfully charge in writing or by will.
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