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Three Certainties Problem Question

I am struggling with the following problem question, in particular how to structure my response, any help would be much appreciated,

In 2010, Barry made a will appointing his best friend, Les, as his executor. The will left all of his estate to Greer, Barry’s ex-wife. Barry was killed in a car crash last week, but before he died he had undertaken the following in relation to his estate:

(i) Two months ago, Barry gave his brother Sandy his expensive etchings, saying: ‘Please keep these safe. I am due to undergo an operation in three months time to have a cyst removed, and I’m afraid I might not survive it. If I die, it is my wish that you keep the etchings for yourself. I am giving them to you now in case I forget later.’

(ii) One month ago, Barry told his daughter, Madge, that he wanted her to have shares in his company, Entertainment Inc., as he expected her to take an active role in the running of the business. Barry signed a stock transfer form, which he placed in an envelope addressed to Madge. Madge resigned from her costume jewellery business to prepare to work at Entertainment Inc., but the envelope was not delivered to Madge before Barry died.

(iii) Two weeks ago, Barry rang his mistress, Edna, and told her that he wanted Edna to hold Barry’s holiday cottage in Anglesey on trust for her children, Kenny and Velma. Last week, Barry executed a deed of transfer and sent it to Edna, with a note asking that Edna execute a trust in favour of her children. Edna has taken no steps in relation to the property.

Advise Les as to the ownership of Barry’s etchings, shares and cottage.
Reply 1
Original post by yelknirb90
I am struggling with the following problem question, in particular how to structure my response, any help would be much appreciated,

In 2010, Barry made a will appointing his best friend, Les, as his executor. The will left all of his estate to Greer, Barry’s ex-wife. Barry was killed in a car crash last week, but before he died he had undertaken the following in relation to his estate:

(i) Two months ago, Barry gave his brother Sandy his expensive etchings, saying: ‘Please keep these safe. I am due to undergo an operation in three months time to have a cyst removed, and I’m afraid I might not survive it. If I die, it is my wish that you keep the etchings for yourself. I am giving them to you now in case I forget later.’

(ii) One month ago, Barry told his daughter, Madge, that he wanted her to have shares in his company, Entertainment Inc., as he expected her to take an active role in the running of the business. Barry signed a stock transfer form, which he placed in an envelope addressed to Madge. Madge resigned from her costume jewellery business to prepare to work at Entertainment Inc., but the envelope was not delivered to Madge before Barry died.

(iii) Two weeks ago, Barry rang his mistress, Edna, and told her that he wanted Edna to hold Barry’s holiday cottage in Anglesey on trust for her children, Kenny and Velma. Last week, Barry executed a deed of transfer and sent it to Edna, with a note asking that Edna execute a trust in favour of her children. Edna has taken no steps in relation to the property.

Advise Les as to the ownership of Barry’s etchings, shares and cottage.


This isn't about three certainties but secret trusts and constitution of trusts.
The best way to structure your response is to consider each potential trust systematically. Each time run through the essential requirements for a trust - the three certainties, constitution and formalities (if any) to see whether the trust is effective. If you are really systematic your reasoning will be easy for an examiner to follow and you won't miss any issues.

Obviously not every issue will be controversial in every part of the question - you can be very brief about things which aren't an issue but I would still recommend making it clear to the examiner that you have systematically considered each of the necessary requirements for a trust by at least mentioning what the requirements are.

This question raises issues of the three certainties, but also issues of constitution.

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