LAW4170 Study Guide - Final Guide: Settlor, Remainderman, Church Commissioners
Document Summary
Julia will want to challenge the validity of the clauses because if invalid, the property will form part of the residue of the will and thus fall under clause (f), which she may be entitled to. Alternatively if clause (f) is also invalid, she may be entitled to the property under intestacy rules. For there to be a valid trust created, there must be the 3 certainties; certainty of intention, objects and subject matter. s53 formalities need not be considered in this context, as s53 only applies to inter vivos assignments. There seems to be no issue with intention, milo mcadam (mm) has used the word trust, and split the legal and equitable title. The subject matter of the trust is clearly described, as it can be assumed mm only owns one house in kent street and one farm in kooweerup.
