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    Hi guys I am pretty stuck doing some seminar work for equity and trusts.
    Jennifer has created a valid will and appointed her son Mark as the sole testator and executrix. Jennifer has unfortunately passed away.

    Clause Vii in Jennifer's will states:
    I give the sum of £250,000 to my grandson Jacob Martins when he reaches the age of 25.

    I know that this is about variation of a trust and that the rule in Saunders v Vaultier states that you can instruct the trustees to bring the trust to an end if you are of legal age (18) and of sound mind...

    but I am struggling with my initial analysis of the problem - How do I incorporate the 3 certainties and formalties/modes of settlement? it is really frustrating because I think I have the right answer; I am just struggling with putting the initial parts

    if anyone can help me then I would appreciate it so much

    Thank You!!!
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    (Original post by MJT_087)
    Jennifer has created a valid will and appointed her son Mark as the sole testator and executrix.
    Has Mark had a sex change at some point?

    Formalities - you are told it's a valid will and that means it complies with the formalities in the Wills Act
    Three certainties - nothing to say, no issues arise at all. Don't just say something for the sake of saying it.
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    (Original post by Forum User)
    Has Mark had a sex change at some point?

    Formalities - you are told it's a valid will and that means it complies with the formalities in the Wills Act
    Three certainties - nothing to say, no issues arise at all. Don't just say something for the sake of saying it.

    thank you for your reply! are you 100% that I don't need to talk about the 3 certainties because most other people are? to establish that it is a valid trust, however I agree that the will is already valid from compliance with S9 wills act
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    (Original post by MJT_087)
    thank you for your reply! are you 100% that I don't need to talk about the 3 certainties because most other people are? to establish that it is a valid trust, however I agree that the will is already valid from compliance with S9 wills act
    You can talk about them but there is nothing interesting to say. If this is a typical seminar question then there are probably other clauses to the will that do raise issues of certainty and you can discuss them there. If this was the only clause then I suppose it is worth mentioning them just to show that you know they exist.
 
 
 

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