Express Trusts - Can one be both fixed and discretionary?
Hi all,
I am stuck on a question. The example trust I have contains, what looks like to me both fixed and discretionary clauses.
For example - one clause states that the property will be left to the testator's sister, to hold on trust for her children (named) in equal shares. To me this is fixed...
Another clause states that the trustee has the absolute discretion to include any other person, company, charity into the trust.
So, can they both exist, or is it all discretionary?
Thanks!
I am stuck on a question. The example trust I have contains, what looks like to me both fixed and discretionary clauses.
For example - one clause states that the property will be left to the testator's sister, to hold on trust for her children (named) in equal shares. To me this is fixed...
Another clause states that the trustee has the absolute discretion to include any other person, company, charity into the trust.
So, can they both exist, or is it all discretionary?
Thanks!
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