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Equity and trusts - beneficiary died

Hi! I would appreciate any help with this:

John left three of his flats to his two sons, Adam and Colin. Colin, the older son to choose first.

Colin died before his father, the testator.

What happens when one of the beneficiaries dies? Does Adam gets all the property?
Thanks!
That would seem logical unless something else in the father's will accounts for that situation. I would seek legal advice rather than the advice of TSR!
Reply 2
It's just an equity and trust revision question. I'm confused whether Adam gets all the property or maybe Colin's children(if any) can benefit?
Reply 3
Original post by angusia
Hi! I would appreciate any help with this:

John left three of his flats to his two sons, Adam and Colin. Colin, the older son to choose first.

Colin died before his father, the testator.

What happens when one of the beneficiaries dies? Does Adam gets all the property?
Thanks!


I think the subject of matter is the main focus of the question. In Boyce v Boyce 1849 the testator left two houses on trust for his daugthers (Maria and Charlotte), under the condition that one of the daughter's (Maria) got first pick. Maria died before making her decision, so it was unknown what house she would have picked. It was held by the Court of Chancery that the trust failed, because there is no subject of matter. Without certainty of subject matter there cannot be a trust because there is no property.
Reply 4
Original post by Mouna09
I think the subject of matter is the main focus of the question. In Boyce v Boyce 1849 the testator left two houses on trust for his daugthers (Maria and Charlotte), under the condition that one of the daughter's (Maria) got first pick. Maria died before making her decision, so it was unknown what house she would have picked. It was held by the Court of Chancery that the trust failed, because there is no subject of matter. Without certainty of subject matter there cannot be a trust because there is no property.


Thank you so much!!
Reply 5
Original post by angusia
Thank you so much!!


You're welcome. Also, I forgot to add that the trust may still be certain for subject matter ONLY if the testator dies believing the beneficiary has no reason to object picking an option. So even if the beneficiary dies, the testator might have intended for the beneficiary to be a trustee, by giving the beneficiary the ''power of selection''. So when the beneficiary dies the maxim of equity ''equity will not allow let a trust fail for want of trustee'' may activate, leaving someone else ( the courts) to make the choice. But isn't always likely. If you do get a question on this layout the principles of in Boyce v Boyce (1849) which I previously said and also mention this alternative. There you will get higher marks for applying the law of equity in a different perspective.
ajiaiaa

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