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Trust Question

Hi,

I'm having a real meltdown with trust law. I have part of a problem question which says:

I appoint 'X' the director of wills.com to be the executor and trust of this my will:

1.) I give my freehold property and contents to my brother Peter and I request that on his death, he leaves that property and contents to my two nieces Jessica and Amiee, in equal shares in the full belief and hope that she will comply:

I've broken it down as the following:

Legal Issue:
Firstly - Is the client married or do they have children (constructive trusts). May contest will.

Then:

1.) A gift to brother Peter or a trust?
2.)Is property held on trust for nieces - legal obligation or just a moral obligation?
3.) Is there certainty of intention (Precatory words - Palmer v Simmonds and Re Golays Wills Trusts)

Thanks
A, x

Reply 1

Bitesizelaw

Original post by Alpachino1

It's difficult to draw any firm conclusions here as the reference to 'she' at the end is confusing without seeing the remainder of the facts of the question.

Personally, I wouldn’t include any discussion concerning a challenge to the Will by a relative. This would require a discussion of the provisions of the Inheritance (Provision for Family and Dependants) Act 1975 on the possibility that there may be a spouse or children who might claim. (It does of course, depend on whether you have been asked to include a discussion of claims of this nature in the question. If you have, then you should include it).

I also can't see where you are going with a discussion of a constructive trust. Perhaps the undisclosed facts suggest that the testator was holding the house on a constructive trust for someone else, but there is nothing in the facts you have provided to suggest this is a potential issue.

The clause seems to require a discussion of certainty of intention only so your points 1), 2) and 3) are certainly the way to go. However, I’m not sure why you would include Re Golay - it doesn’t seem relevant to the facts provided.

I hope this helps and good luck with it.

BiteSizeLaw
(Private Property Law tutor)