English Law Equity and Trust Coursework Essay Example | Topics and Well Written Essays - 2500 words - 1

side Law Equity and Trust Coursework - Essay Exampletion behind the creation of conceive is that the devisee or grantee shall convey it, or dispose of the profits, at the will, or for the benefit, of another an estate held for the use of another a confidence respecting property reposed in one person, who is termed the trustee, for the benefit of another, who is called the cestui que trust. Generally the beneficiary gets interest and dividends on the trust assets for a set number of years.Law of equity and trust confers the provision regarding the trust. It laid down several(prenominal) duties and responsibilities for the trustees. Trust undersurface be raised from either trust deed/covenant as tell before or by the Will, i.e. a testamentary trust is a trust created by a Will or a codicil to a Will. A testament is a Will. Here the trust operator is the Will/Codicil. A testamentary trust can not be by inter vivos i.e it can not be exist between living persons. Generally there can be ii types of disputes raised from this type of the trust established by the law. a) Dispute concerning property left in Wills which atomic number 18 over the capacity of a testator b) dispute regarding whether the testator do the Will under wild influence.Here there is a dominion that he/she must dispose of that property personally and may not delegate that power of disposition to another. Tatham v Huxtable(1950) 81 CLR 639 where the Court insisted to keep up the rule Will directed the executor to distribute the residuary property to others not otherwise provided for who, , have rendered serviceIn our case, Brain has appointed Tony and Nathan as executors and trustees under his Will (testament) over the trust deed which he (the testator) had made earlier where his children Pat and Richard are the trustees. Before we render the service of tackled conclusions to Tony and Nathan, it is inevitable to have a go steady upon the rules, provisions, scope of trustees of trust deed a nd trustees of testamentary trust.There will always be some testators who draught their own