ABSTRACT

This chapter poses questions on trusts and provides answer structure to it. Pick and mix questions, is sound examination technique to analyses the question and reflect on whether there are any additional substantial or incidental issues that need to be included in students' examination answer. The chapter examines various questions and answer for students to understand: potential liability for breach of trust, discretionary trust, private trust, fixed trust, charitable trusts, and beneficiaries under trust property. It provides a problem question that raises a number of interesting issues on aspects of certainties of subject matter and objects, construction of George's intention as to whether he wishes to create a power of appointment or discretionary trust and which is preferable. The chapter also poses two part problem question that requires students to deal with the tests for certainty of objects in respect of a private, fixed trust and the test of exclusivity in respect of public charitable trusts.