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Problem Question Help!

Trusts help!

John seeks your advice about the enforceability of the following

1) £15,000 to Bethany fully expecting her to take care of my nieces
2) £150,000 or sufficient to provide James with a reasonable income for his time at the University of Nottingham.
3) £15,000 to be distributed at Beth’s complete discretion to outstanding sportspeople in the Law School at the University of Nottingham; if there is any doubt as to whether they are outstanding the Head of the Law School shall decide. Any remaining money is to be given to the Law School.


I'm just confused completely on what area this is and where to start.

How would I answer this?

Thank you :smile:
Reply 1
Original post by lawstudent_1996
Trusts help!

John seeks your advice about the enforceability of the following

1) £15,000 to Bethany fully expecting her to take care of my nieces
2) £150,000 or sufficient to provide James with a reasonable income for his time at the University of Nottingham.
3) £15,000 to be distributed at Beth’s complete discretion to outstanding sportspeople in the Law School at the University of Nottingham; if there is any doubt as to whether they are outstanding the Head of the Law School shall decide. Any remaining money is to be given to the Law School.


I'm just confused completely on what area this is and where to start.

How would I answer this?

Thank you :smile:


1. you should determine whether these words are imperative enough to impose a legal burden rather than a mere moral obligation. See Re Adam Kensington and compare with Re Comiskey
2. The subject matter is unclear! what does 'reasonable income' mean see Re Golay's Trust

3. Look at discretionary trusts, most especially attempts to cure uncertainty. Read Re Tucks Settlement and you'll get an idea on how to answer this last one

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