Trust Law Assignment

Using IRAC (Issue, Rule, Analysis and Conclusion) method,

answer the questions below while adding relevant case laws

Q1

a) A testastrix in her Will left all her real and personal property "to my daughter Wanjiku in the hope that she will utilize the same for the benefit of herself and her siblings".

Discuss whether any trust has been created in favour of the daughter's siblings and

in so doing set out the requirements for the creation of a valid trust supporting

your answer with relevant case authorities. (15 marks)

b) A testator in his Will leaves an Apartment known as C3 in an apartment block in

Kilimani Estate to his friend Owino in trust for purposes I will communicate to

him. Before the testator's death but long after execution of his Will he gives to

Owino an envelope containing a letter in which he states that the Apartment is to

be held in trust for his concubine Winrose and her child Ben.

Discuss whether any valid trust has been created in favour of Winrose and Ben

supporting your answer with relevant case authorities. (15 marks)

Q2

(a) Explain the various ingredients of a valid trust. (10 marks)

(b) The use is said to be the predecessor of the modern trust. Explain what you

understand by the use and its historical development. (10 marks)

Q3

Distinguish between the concepts of:-

a) Trust and Contract (10 marks)

b) Trust and Agency (10 marks)

Support your answers with relevant case authorities

Explain the difference between a private trust and a charitable trust and also explain

the requirements for the creation of a valid charitable trust. (20 marks)

Q4

Explain the difference between a private trust and a charitable trust and also explain

the requirements for the creation of a valid charitable trust. (20 marks)

Q5

(a) Discuss how trusteeship may come to an end. (10 marks).

(b) If you are appointed as a trustee over an estate or trust fund what are your duties,

discretions and powers?. (10 marks).