Belinda, in her home-made will, leaves 'ten of my most precious pieces of crystal' to be held by Janis, her trustee, 'in the hope and expectation that she will distribute them to such of my needy, old University friends who survive me, as Janis in her absolute discretion shall decide.' In relation to certainty of subject matter, which of the following statements is correct?
A) The trust is likely to be held certain, as 'ten of my most precious pieces of crystal' is ascertainable by Janis.
B) The trust is likely to be held uncertain, as Belinda has failed to physically segregate the particular pieces of crystal which are to be subject to the trust, which are tangible property.
C) The trust is likely to be held certain, but only because Belinda has designated 'ten' as the number of pieces of crystal, which solves any question of uncertainty because 'ten' is objectively determinable.
D) The trust is likely to be held uncertain, as 'most precious' does not provide an objective means of determining what pieces of crystal are to be held on the trust.
Correct Answer:
Verified
Q1: The question of certainty of intention is
Q2: Which of the following statements is correct
Q3: Errol, in his home-made will, leaves 'ten
Q5: The House of Lords decision in McPhail
Q6: Errol, in his home-made will, leaves £80,000
Q7: Ethel, in her home-made will, leaves all
Q8: Merril, in his will, left a fund
Unlock this Answer For Free Now!
View this answer and more for free by performing one of the following actions
Scan the QR code to install the App and get 2 free unlocks
Unlock quizzes for free by uploading documents