Hi everyone,
I'm doing a problem question regarding a will but I seem to have not grasped something core to Equity and Trusts to answer it. I would appreciate it if someone could clarify for me!
Basically, the main problem is applying the three certainties to a number of clauses in the will. One of them is clearly attempting to create a trust: '
I give £x to my trustees to be distributed amongst y' and thus the certainty of intention problem is obvious to apply.
But the other clauses don't say anything about attempting to create a trust, they just say '
I give £x to y.' How do I apply certainty of intention to that clause? Is it even an express trust? Is a will in itself an express trust?
Thanks in advance