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    Hey there, i am new to this website and i am having a few problems and i don't know what else to do with my equity and trusts cw.. I really don't have a clue where to begin. I have made a few notes on the problem question but i was wondering if any of you guys could help put me in the right direction to answer the question :




    Earlier this year, Mary decided to put her affairs in order and she wrote the following letters:

    (1) To Alice, she wrote:

    “Dear Alice,

    I hereby declare that from today I hold most of my bottles of vintage claret on trust for you.
    Best Wishes,
    Mary.”

    (2) To Betty, she wrote:

    “Dear Betty,
    Hold all of the £20,000, which I have transferred into your bank, on trust for Bill and Ben.
    Best Wishes,
    Mary.”

    (3)To Charles, she wrote:
    “Dear Charles,

    I have today instructed the trustee holding 'Hill House', Sheffield S11 9VP, who was holding the legal estate on trust for me, to hold it on trust for you instead of me.
    Best Wishes,
    Mary.”

    (4)To David, she wrote:
    “Dear David,
    I have today transferred £800,000 into your bank account. I am instructing you to hold this money on trust for my colleagues in equal shares".

    Best Wishes,
    Mary"
    Advise on the validity of Mary's purported dispositions as shown in these letters.


    Any help with this would be greatly appreciated!!!

    THANKYOU!!!!!! ________________________________ ________________________________
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    (Original post by bex2340)
    Hey there, i am new to this website and i am having a few problems and i don't know what else to do with my equity and trusts cw.. I really don't have a clue where to begin. I have made a few notes on the problem question but i was wondering if any of you guys could help put me in the right direction to answer the question :




    Earlier this year, Mary decided to put her affairs in order and she wrote the following letters:

    (1) To Alice, she wrote:

    “Dear Alice,

    I hereby declare that from today I hold most of my bottles of vintage claret on trust for you.
    Best Wishes,
    Mary.”

    (2) To Betty, she wrote:

    “Dear Betty,
    Hold all of the £20,000, which I have transferred into your bank, on trust for Bill and Ben.
    Best Wishes,
    Mary.”

    (3)To Charles, she wrote:
    “Dear Charles,

    I have today instructed the trustee holding 'Hill House', Sheffield S11 9VP, who was holding the legal estate on trust for me, to hold it on trust for you instead of me.
    Best Wishes,
    Mary.”

    (4)To David, she wrote:
    “Dear David,
    I have today transferred £800,000 into your bank account. I am instructing you to hold this money on trust for my colleagues in equal shares".

    Best Wishes,
    Mary"
    Advise on the validity of Mary's purported dispositions as shown in these letters.


    Any help with this would be greatly appreciated!!!

    THANKYOU!!!!!! ________________________________ ________________________________
    I have no idea how law coursework works, but for a problem question at uni for each one I would go through the things you need to have a trust and show that for each disposition they are satisfied (or not, as the case may be). So the things you need are the 3 certainties (object, subject, and intention) and any formalities need to be complied with. You also need to think about how a trust is actually created - do you need the trustee's consent? the beneficiary's?

    The big issues for each one are as follows:

    (1) certainty of subject - is 'most' of my bottles of wine clear enough? Can M declare herself trustee, or do the goods need to be 'transferred' to a trustee?
    (2) Does B need to agree to be the trustee?
    (3) This is a disposition of a beneficial interest (or equitable interest) not creation of a trust so you need to see if there are any difference- does it need to be in writing? Is there any kind of registration required? Does M need to inform the trustee? Does M need the trustee's consent?
    (4) Certainty of object - can you make a trust in favour of a 'group' like that or are there any conditions ex. does the group need to be fixed? do you need to be able to find everyone in the group? etc.

    That's all off the top of my head, but I haven't done trusts in about a year which is why I phrased most of it as questions because I can't remember myself what the answer would be. Hopefully it'll be a useful starting point though
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    I'm stuck on part 3 and 4 of the same question and that's helped confirm I'm on the right sort of lines. Thank you!
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    thankyou you have been a great help i have done the first question its just the rest i have to do but looks like u have pointed me in the right direction..

    Thanks so much xx
 
 
 
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