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    Hi all, this is my 1st post..i am majorly confused on this question, any help would be much appreciated.

    a) Will appoints Kay as his trustee and executor and made the following disposition: he gave her his art collection empowering her to sell those that she likes the least, and to invest the proceeds in the education of his daughters, Diana and Sarah.

    b) this concerns a seperate will in which again a man appoints someone as his trustee and executors (including his wife) and bequeathed to them a sum of money upon trust for his wife during her widowhood and directing them after her death or remarriage, the money should be held for such of his 3 children (should they attain a certain age) in equal shares. if the childrens interests had not vested the trustees should, so long as his wife continued to be his widow, pay the income to her to be applied by her for the maintenance, education and benefit or herself and of the children, as she should think fit. the wife did exercise her discretion on a number of occasions in favour of the 2 sons and not the daughter. the rumour was that the daughter had got engaged to somebody her mum didnt like.

    in regards to a) im thinking that its a discretionary trust as the trustee can choose how much to donate to his daughters..is this right?? and im confused as to what the issue about selling the paintings she likes least is about..

    in regards to b) i think it may be a fixed trust as it states the childrens names' and that they are to receive the fund in equal shares when their contingent interests are met which they havent in this scenario.am i right in thinking its a fixed trust?? what other issues does this scenario involve?? RE Londerrys and Hastings Bass im thinking..

    any help would be much appreciated, thanks!!
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    (Original post by fahmedxx)
    Hi all, this is my 1st post..i am majorly confused on this question, any help would be much appreciated.

    a) Will appoints Kay as his trustee and executor and made the following disposition: he gave her his art collection empowering her to sell those that she likes the least, and to invest the proceeds in the education of his daughters, Diana and Sarah.

    b) this concerns a seperate will in which again a man appoints someone as his trustee and executors (including his wife) and bequeathed to them a sum of money upon trust for his wife during her widowhood and directing them after her death or remarriage, the money should be held for such of his 3 children (should they attain a certain age) in equal shares. if the childrens interests had not vested the trustees should, so long as his wife continued to be his widow, pay the income to her to be applied by her for the maintenance, education and benefit or herself and of the children, as she should think fit. the wife did exercise her discretion on a number of occasions in favour of the 2 sons and not the daughter. the rumour was that the daughter had got engaged to somebody her mum didnt like.

    in regards to a) im thinking that its a discretionary trust as the trustee can choose how much to donate to his daughters..is this right?? and im confused as to what the issue about selling the paintings she likes least is about..

    in regards to b) i think it may be a fixed trust as it states the childrens names' and that they are to receive the fund in equal shares when their contingent interests are met which they havent in this scenario.am i right in thinking its a fixed trust?? what other issues does this scenario involve?? RE Londerrys and Hastings Bass im thinking..

    any help would be much appreciated, thanks!!
    a) It is a discretionary trust for the reason you stated. I suppose it isn't clear how many she is allowed to sell. Does it mean all of them? Could she sell all of them?

    b) You are correct with it being a fixed trust i think. s.22 Admin and justice act and Harrison v Gibson may be relevant. The question is a bit outside the scope of my module i think. You seem to be along the right lines though.
 
 
 
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