GED13
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If in a will a trustee is told within a clause that they 'must' invest in particular funds with the trust money, what type of institution will this be construed as... i.e is it a power, a fixed trust etc. and is there any cases which have similar facts?
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Bitesizelaw
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It could be either. It could be a fixed or discretionary trust. What do you think the issue is?
(Original post by GED13)
If in a will a trustee is told within a clause that they 'must' invest in particular funds with the trust money, what type of institution will this be construed as... i.e is it a power, a fixed trust etc. and is there any cases which have similar facts?
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GED13
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Hi, I didn't think it was either because there are no objects (i.e no people that benefit) so I thought it may have been a power
(Original post by Bitesizelaw)
It could be either. It could be a fixed or discretionary trust. What do you think the issue is?
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Bitesizelaw
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Hello,
Why are you trying to establish whether it is a trust (fixed or discretionary) or a power? In other words, why is the investment clause relevant to the issue of objects?
(Original post by GED13)
Hi, I didn't think it was either because there are no objects (i.e no people that benefit) so I thought it may have been a power
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