Problem question Essay Example | Topics and Well Written Essays - 2000 words - 2

Problem question - Essay ExampleFor instance, Gretel states that her friend Polly is to get her florilegium of porcelain dolls, but ultimately, these dolls are to be shared among Gretels nearest and dearest according to her expectation, hence Polly is solo a trustee for a trust comprised of Gretels nearest and dearest who are to receive the dolls. The disunite of beneficiaries in this case may be held to be unclear, because it may not be possible to lead up a complete list of all the beneficiaries4 and there may also be problems of administrative unworkability5 as far as this provision is concerned, due to the necessity to identify who would be considered as Gretels nearest and dearest from her perspective while she was making out her will.According to Hudson (2005), the manner in which lawfulness functions is by mitigating the rigor of the common law so that the letter of the law is not applied in such a strict way that it may cause injustice.6 He states that equity applies the school of thought of acting in personam upon the conscience of the defendant as a result, the major factor that courts are inevitable to consider is whether or not an individual has acted in good conscience.7 Trust law is also ground upon the equitable principles of acting on the basis of conscience, further where trusts develop in commercial transactions, certainty is a major requirement as a result the doctrine of precedent has assumed importance in the application of equitable principles8. In Auroras capacity as a trustee of Gretels estate, she will be expected to administer the estate in accordance with the provisions of Gretels will, however when there is uncertainty, then the validity of the trust itself may be questioned.In the case of Westdeutsche Landesbank v Islington LBC9 headmaster Browne Wilkinson also stated that equity is based upon the conscience of the person who acts as a trustee. On this basis, the trustee is required to carry out the specific purposes spelt