Trusts Law Coursework Example | Topics and Well Written Essays - 1500 words

Trusts Law - Coursework Example The rest of his property, which includes the North Tawton, would go the Parish Council of Devon. This is to happen if only the wife is not alive otherwise the property should go to the parish council, but the interests that the property gains go to the wife. In his statement, Endacott said that the reason he made that decision is on the bases of providing some memorial to him and his family, which was useful. The basic law indicates that all trusts whether charitable or non charitable should have people who have the benefit of the property and thus its application. According to the law, I totally agree and arguing in accordance to the ruling by the court of appeal made through Lord Evershed, that there is a failure in trying to create a trust that is beneficial to a person1. There are exceptions to the statement and to the law that purpose trusts have no validity. It is rather obvious that prohibition does not apply to powers for the purpose, but it applies only to purpose trusts. Fr om the actual law, it is clear that when there is some level of surety that the person to settle the trust has the intentions to do so, and it is certain in relation to the estate as well as the purpose for the trust, then the trust may fail. According to the current law, there is no trust in the exercise that the court of appeal can control. ... In this case, there is consideration of trustees’ duties and rights towards the property by the court. Thus, there is consideration as whether the trustees’ can utilize the property without interference from other parties. This is in line to the ruling made by the court of appeal in the case of Morice v. the bishop of Durham. Where the court indicates it does not control the property in the case. The court of appeal also may take control of the trust to ensure that there is respect to the intentions of the settler. Where the settler is the initial owner of the property as seen in the case of Roxburgh in Re Astor, I agree to the statement further due to the current law clause on express trust. According to the court of appeal definition for express trust, there must be certainty, formality and the making of the trust must be constitutional. For the trust to be biding, the settler must have the ability to create trust, that is. The settler must own property and hold the p roperty he should be able to speak as well as show the intention to create the trust. The settler can then name the beneficiary as it is the requirement of the court for non-charity trusts. Thus, the trust cannot be binding if there are no beneficiaries as this is against the law for the creation of direct trusts3. The statement may not apply where the trust is discretional following a ruling by the court of appeal in the case of McPhail v. Doulton. Where the trust may have many beneficiaries rather than a few who the settler provides in his list of beneficiaries during the making of the trust, Furthermore, the trustee must be able to say for certain who the beneficiary is when