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The wishes contained in Vera’s will upon her death amounted to issues relating to equity and trusts law. Actually, it relates to charitable trusts. Under the Charitable Act 2006, Vera’s wish as contained in her will is considered as charitable gifts. These gifts can be defined as gifts that are given by either the legal or physical person to benefit a particular cause, often known as charitable purposes. Most charitable givers, like Vera, mostly employ the services of executors and trustees to execute their charitable cause. Executors and trustees are the people who have fiduciary duty of property administration, a duty which they should discharge in consistence with testator’s wishes (as expressed in his or her will) (Dollimore, 2007, p. 56). The law requires that the validity of the charitable gifts be ascertained. Therefore, executors and trustees should be conversant with the criterion of determining such validity. Determination of validity of the provisions contained in a testator’s will is crucial in ensuring that such wishes meet the legal threshold. It is against this background that it is important to determine the validity of Vera’s wishes.
In her will, Vera gave all her property to her executors and trustees upon trust to sell the same and to hold the proceeds of sale as a trust fund upon trust in two halves. The first half was aimed at promoting research into the theory that the pyramids were built by aliens from another world. According to Edwards and Nigel (2007, p. 71), under the Charities Act 2006, this is considered as a valid cause because its main purpose is to promote education. Education as a charitable purpose is founded on Charitable Uses Act 1601 and has been further expanded under the Charities Act 2006. Over the years, the common law has recognized education as a charitable purpose that covers a wide area. The education category includes
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Oerton). The question demands a discussion on the settled principle of law that equity will not perfect, imperfect gifts made by the settlers or the donors. A settlor may give a gift by three methods: (1) an outright transfer; (2) a transfer on trust to a trustee; or (3) a self-declaration of trust.
Certainty of subject refers to the trust property and certainty of object refers to the beneficiaries of the trust.2 Certainty of intention is established by reference to the words used in the disposition of the property. Although words such as “trust” and “confidence” will likely provide evidence of the settlor’s intention, any words that can be interpreted to establish “a sufficient intention to create a trust” will be regarded as establishing the settlor’s intention to create a trust.3 On the facts of the case for discussion, Sir Clarence specifically instructed his friend Tilda to hold both 200,000 pounds and his seaside cottage upon “trust” for his daughter Davina an
The modern form of Trust law originates from Anglo centric legal system because it is the product of English History. If the idea of the trust law is developed in the Middle East then quasi charitable purpose will be provided within the family in the form of “waqf”.
It seems that equity resides upon the appreciation of trusts, as trust depends upon equity's decisions to solve its concerns. Most resulting trusts requires equity to solve their matters in one of two situations: (i) where there has been an apparent gift of property or (ii) where an express trust has failed to dispose of all of the trust property.
While there is nothing in this question to suggest that Marcus lacked capacity, it must be borne in mind that in order for any trust to be valid, the law requires that the testator understands the effects of what he is doing and of his wishes being carried out.1
Further, the rules of Equity, though they did not contradict the rules of Common Law, in effect and in practice produced a result opposed to that which would have been produced if the Common Law rules had remained alone
for such of my relatives as have not received anything under the other provisions of this my said will; however, having done this he may keep what is left”;
b. “I give 50 bottles of wine in my cellar to my son Edward, in the fullest trust and confidence that he will ensure
She has recently written a book about their travelling experiences due to be published soon.
Doctors have warned her that she may not survive the pregnancy and that the very fact of the pregnancy has increased the risk of the infection becoming worse. Sadhia
According to the study the internal sources existent in England and Wales are twofold and can be named as legislation or acts of parliament (Statute Law) and the decisions of the courts or judges (Common law). All of these sources play crucial role in the development of law in England and Wales as a whole.
6 Pages(1500 words)Assignment
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