Hi there,
- I appreciate that as a result of 'in default of appointment' the distribution of the proceeds of the residue is indeed a power. My question is 'the residue of my estate I command Y to sell' - is this a trust? If so is Y the beneficiary as well as the trustee?! And a disposition can have both a trust and a power within it?!
Or do I have this completely wrong and is the whole disposition a power - if what is the relevance of the word 'command'?
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Second question is, if you have a power is the three certainties test similarly applied?
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Third question, is the first certainty (certainty of intention) intertwined with the necessity to find whether the disposition in question is a trust or a power?
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As I said, anyone that can offer me any guidance, especially in relation to the first question, will make my day!
xx