The Student Room Group

Discrectionary or Fixed trust?

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(edited 8 years ago)
Forum Us3r
The problem below is driving me insane; to the point I signed up this forum just so I could hear some second opinion's on it. The offending passage is below:

The remainder of my estate is to be held upon trust to bedivided equally between my step-daughter Lauren Smith and my son ThomasButcher, my daughter’s share to be held in a discretionary trust which willprovide her with an annual income of £33,000 to be paid monthly and myson’s share to be held in a discretionary trust until he reaches the age oftwenty-five. If either of the children predecease the other then their sharewill go to the surviving child.
Despite it repeatedly stating discretionary trust this sounds like a fixed trust? I mean the object's are pretty set as is the amount. Even though it doesn't say it direct, Thomas's share should be the same as Lauren's i.e., £33,000 a year ?


This is a fairly blatant attempt to cheat on the final round pupillage problem at a certain commercial chancery set. I mean that paragraph is word for word copied from the problem with the name and the age changed. This problem was supposed to be your own work.

Also I *really* hope that your user name is just a coincidence and not an attempt to make it appear that I am cheating. (I have already withdrawn my application from this set as I have pupillage elsewhere, so if it is then it won't work).
(edited 8 years ago)

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