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Words: 4,000 | Submitted: Mon Jul 09 2007
... addition, in order for a trust to exist, it must be clear what exactly is intended to be distributed to each beneficiary. Here Andrea has indicated that she wishes Eustace to have the 'best part' of her collection of antique coins. This phrase is unlikely to pass the test of certainty as it is unclear exactly which coins are being referred to. For instance, in Palmer v Simmonds4 the phrase 'bulk of my estate' was held to be uncertain and the trust failed. In Re Jones5the words 'such parts of my estate as she shall not have sold' failed and in The estate of Last6 the words 'anything that is left' also failed. Moreover it remains uncertain what 'the lion's share' specifically refers to. However, it could nonetheless be argued that the subject matter could be determined on the authority of Re Golay's Will Trusts in which it was held that ...
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