I have a coursework question that I am really needing help with!
A settlor has left her residuary estate on trust for the benefit of the graduates of a university. This university then merged with another university before she died. She has now died and her trustees are wanting advice on the legal position of the trust. I understand that the main issue here is certainty of objects but how would I answer this?
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Please help with Equity Coursework on the Three Certainties watch
- Thread Starter
- 12-02-2018 10:32
- 14-02-2018 21:12
Start with the case of Knight v Knight.
The certainty of object bit is about administrative workability. They would have to decide if it meant all graduates past and present, just future, or just from one course.
She obviously intended to create a trust. Would you comment on precatory words? There a case about not needing to expressly say, “I create a trust” but that the intention must be clear.