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consider whether the test for certainty of objects applicable to fixed and discretionary trust is reliable
Member rating: No Rating | Words: 1210 | Submitted: Fri Apr 04 2008
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2007/8 Assessed Coursework LX3051 TRUSTS Word Limit: 2,500 Answer BOTH parts Each part is worth 50% of the marks 1. Consider whether the different tests for certainty of objects applicable to fixed trusts and discretionary trusts are appropriate. The Certainty of object form one of the three requirements which must be satisfied to validate a trust. The fundamental principle is that to properly enforce a trust it must have cestque tui trust and it must be possible to establish who the beneficiaries are1. These apply to both fixed and discretionary trusts, which convey the expressed wish of a testator. In effect it is incumbent on the settlor to enable some means of ascertaining the intended beneficiary; and appropriate tests for objects would be needed to ensure the trust...
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