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I will pay for the following article Law of Trusts and Equity. The work is to be 8 pages with three to five sources, with in-text citations and a reference page.
I will pay for the following article Law of Trusts and Equity. The work is to be 8 pages with three to five sources, with in-text citations and a reference page. Therefore trust law has developed in such a way as to require certainty of intention, subject matter and object, as laid out in the case of Knight v Knight2 by Lord Langdale on the basis that no person is to be deprived of his or her property, nor any decision made about the disposition unless there is certainty of the intent of the testator and that the formality requirements have been adhered to as much as possible. .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .
In the case of Peter’s kin, the primary concern that arises is the disposition of their equitable interest in Peter’s estate. Therefore, if Peter’s next of kin wishes to contest the will, then the Courts will first of all look into the certainty of objects in order to determine whether it is a fixed trust or a discretionary test. Peter’s will satisfies the formality requirements and is, therefore, a valid one, however if the trust that has been set up Peter in favor of the University of Huddersfield fails the certainty of objects test, then the estate will automatically revert to Peter’s estate and therefore his next of kin may have a claim to it.
If a trust is to be determined to be a fixed trust, then it must be constituted in such a manner that all the members of the class are clearly known and identified. However, in a discretionary trust, the trustees can pay out incomes from the trust at their discretion and may have a wider range of powers at their disposal in order to act to the full benefit of the beneficiaries.
Therefore, in Peter’s case, the qualification as a fixed trust would require a clear identification of beneficiaries and there must not be any uncertainty as to the members that are to be included within that particular class. In Peter’s trust, the class has been defined as the ex-students and descendants of the ex-students of the college of Halifax of the year 1975. .