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Essay / Research Paper Abstract
This 4 page paper considers a case supplied by the student were an individual dies, without a will, making come bequests prior to death, and attempting to set up several trusts. The paper looks at English law to determine which trusts are valid and why, and to consider the status of the bequests. The bibliography cites 2 sources.
Page Count:
4 pages (~225 words per page)
File: TS14_TEwillstr.rtf
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Unformatted sample text from the term paper:
deathbed tells a friend he wants her to have property. Here we need to look at the different items and their treatment individually, these concern trusts and wills. We
will look at the trust issues first. However, we will begin by looking at the relevant issue of trust law that can be applied to the case. For a
trust to be valid there are several requirements that need to be fulfilled. For an express trust there needs to be a declaration made by the owner of the property
concerned, the property has to be identifiable as seen with the case of Westdeutsche Landesbank Girozentrale v Islington LBC (1996). Where the declaration is made the property then needs to
be conveyed t the trustees by the settlor to hold on trust for the beneficiary. However, it is not necessary in all cases that a trust be specifically declared, such
as seen with resulting trusts or constructive trusts (Lexis, 2004). For a trust to be valid when looking at express trusts there are three certainties that are required;
the intention, the subject manner and the certainty of the objects. Therefore, when declaring a trust there is the need for clarity in the words used, whilst it will help
if reference is made to the trust and trustees, this is not vital, as even directing one party to hold it for another may be sufficient, as seen with the
case of Re Le Cren Clarke (1995) (Lexis, 2004). The property has to be identifiable, and the case of Re London Wine (1975) has shown that where the
property held is part of a larger quantity of the same goods the trust will fail as there is not the certainty of the property. However, in some instances this
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