* not completed

. Which of the following statements about conceptual certainty are correct?

1 If a class to benefit under a discretionary trust lacks conceptual certainty, the trustee will take the property as a gift.
2 Megaw LJ stated that a class of a discretionary trust would be conceptually certain if it could be said with certainty that a substantial number of people fall within the class.
3 Conceptual uncertainty will not defeat a fixed trust.
4 Stamp LJ stated in Re Baden's Trusts [No2] that in order for a discretionary trust to be conceptually certain, it must be possible to say of any individual who is or is not a member of the class.
5 The level of conceptual certainty required varies for different types of trusts and powers.

1, 2, and 3 correct incorrect

2, 3, and 4 correct incorrect

1, 3 and 5 correct incorrect

2, 4, and 5 correct incorrect

* not completed

. Which of the following statements best defines administrative unworkability?

It is not possible to prove who the beneficiaries are. correct incorrect

The trust is too complex for trustees to administer. correct incorrect

The definition of beneficiary is hopelessly wide. correct incorrect

It is not possible to find the beneficiaries. correct incorrect

* not completed

. Which of the following statements best describes a non-exhaustive discretionary trust?

Trustees have the power to accumulate the income of the trust. correct incorrect

The trust property can be held in perpetuity. correct incorrect

The duty of care required from trustees is less than an exhaustive discretionary trust. correct incorrect

Trustees have the power to accumulate the capital of the trust. correct incorrect

* not completed

. Which of the following options are gifts subject to a condition precedent?

1 Sandra may remain at Beechcroft Manor as long as she does not remarry.
2 £100,000 to my trustees, Angela and Clive, who shall apply the net income of the fund in making at their absolute discretion grants to any of my old friends in such amounts at such times and on such conditions as they think fit.
3 £50,000 to each of my children who follow in my footsteps and start their own business before the age of 25.
4 £100,000 to the first member of my family who finds where I have hidden the key to my study.
5 £75,000 to be held on trust for Daniel, Samantha, and Tracy for a period of 10 years, in the hope that it helps them achieve their ambition of completing a medical degree. After this period, the remainder will pass to my son, Adam.

1 and 2 correct incorrect

2 and 3 correct incorrect

3 and 4 correct incorrect

4 and 5 correct incorrect

* not completed

. Which of the following groups would not be conceptually certain in respect of a discretionary trust?

1 Neighbours
2 Homeless people in Stoke
3 Fans of my music
4 Adopted children in Carlisle

1 and 3 correct incorrect

2 and 4 correct incorrect

1 and 2 correct incorrect

3 and 4 correct incorrect

* not completed

. The final provision of Jess's will states:

"I leave the rest of my immense fortune to Zainab and Ibb on the understanding that they appoint, at their absolute discretion, the whole or any part of the property or its income to any UK born circus performers, their relatives and dependants.

Which statement best describes the following disposition?

This discretionary trust satisfies the tests for certainty of intention and subject matter, but not objects. correct incorrect

This discretionary trust satisfies the tests for certainty of subject matter and objects, but fails for administrative unworkability. correct incorrect

This discretionary trust satisfies the tests for certainty of intention and objects, but not subject matter. correct incorrect

This discretionary trust satisfies all three certainties of trust. correct incorrect