LAW4170 Study Guide - Final Guide: Mussoorie, Morticia Addams, Sui Iuris
Document Summary
Answers to question 1 of this year"s exam were, on the whole, disappointing. Many students seemed to display a fundamental misunderstanding of the trust deed; and especially of how a trust deed can validly separately apportion income and capital among beneficiaries. Far too many answers attempted to apply a mechanical or stereotypical approach to answering the question without any apparent understanding of the nature of the deed at issue. For example, students that attempted to answer the question by going through the clauses of the deed seriatim invariably displayed little understanding and did poorly. This question clearly concerned whether an express trust by transfer had been established. Although the word trust" is never used, there is little doubt that there is an intention to create the legal relationship known as a trust. It is clearly established that the word trust" is unnecessary:
