The question (15 marks)
Distinguish a vested interest from a contingent interest under the Transfer of Property Act 1882, and explain the tests a court applies where a deed postpones the enjoyment of property until debts have been paid. (15 marks)
MU Module I, vested and contingent interests; pack ch. 02 and case brief 11.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 1 · General Principles of Transfer of Transfer of Property.
Authorities you will need
- Rajesh Kanta Roy v Shanti Debi
- Pestonjee Bhicajee v P.H. Anderson, Privy Council
- Bernard v Mountague, and the passages from Williams on Executors and Jarman on Wills discussed in Rajesh Kanta Roy
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.