Discretionary trust v condition precedent
HELP
I could have a mini essay in my English Trust Law Exam on whether discretionary trusts should have the same test as Gifts with Condition Precent
IM STUCK!!
I thinking along the lines of no - because the trustee has a duty to survey the whole class and the objects have an entitlement to the property. but for condition precedent its an option of the beneficiary; thats why the test of Re Barlow is so lax - the trustee merely has to distribute if someone satisfies it. but the lines between the two are becoming blurred.
HELP PLEASE
I could have a mini essay in my English Trust Law Exam on whether discretionary trusts should have the same test as Gifts with Condition Precent
IM STUCK!!
I thinking along the lines of no - because the trustee has a duty to survey the whole class and the objects have an entitlement to the property. but for condition precedent its an option of the beneficiary; thats why the test of Re Barlow is so lax - the trustee merely has to distribute if someone satisfies it. but the lines between the two are becoming blurred.
HELP PLEASE
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