LAW4170 Study Guide - Final Guide: Robert Megarry, Hybrid Power, Inherent Jurisdiction
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Note: this feedback is to provide general guidance about the answers expected in the final exam for. For more detailed feedback on individual papers you must contact your lecturer. Question 1: (i) advise rosa of the validity of the trust deed, including advice on each of the clauses of the deed. This is a purported inter vivos trust by transfer, in which harry hooper (hh) is the settlor and his business partner, karl marks (km), the trustee. The purported trust is created by a deed signed by. The first general issue to be addressed is certainty of intention. Answers should have mentioned that the test for certainty of intention is objective: byrnes v kendle. There is no real issue on the facts as to whether or not there is an intention to create a trust. The precise issue is whether or not there is an immediate intention.
