Exam 3: Certainty

Merril, in his will, left a fund to Danita, 'to hold it on discretionary trust, and to distribute it among my children in any share as Danita in her absolute discretion thinks fit.' Merril has four adult children, Berlye, Ethel, Cerele and Harry. Merril has now died. Which of the following statements is true in relation to the four children's beneficial entitlement to the fund?

Ethel, in her home-made will, leaves all her jewellery to be held by Mark, her trustee, to distribute it to 'such of my needy old University friends who survive me, as Mark in his absolute discretion shall decide.' In relation to certainty of objects, which of the following statements is correct:

Errol, in his home-made will, leaves 'ten of the most expensive pieces of crystal' to be held by Jonathan, his trustee, 'in the hope and expectation that he will distribute them to such of my needy, old University friends who survive me, as Jonathan in his absolute discretion shall decide.' In relation to certainty of subject matter, which of the following statements is correct?

Which of the following statements is correct in relation to certainty of intention to create a trust? (Think carefully)

Belinda, in her home-made will, leaves 'ten of my most precious pieces of crystal' to be held by Janis, her trustee, 'in the hope and expectation that she will distribute them to such of my needy, old University friends who survive me, as Janis in her absolute discretion shall decide.' In relation to certainty of subject matter, which of the following statements is correct?

Errol, in his home-made will, leaves £80,000 to Jonathan, to be distributed under a discretionary trust to 'such of my, needy old University friends who survive me, as Jonathan in his absolute discretion shall decide.' In relation to certainty of objects, which of the following statements is correct?

The House of Lords decision in McPhail v Doulton was a watershed case. Which of the following statements does not reflect the changes it brought to the law?

The question of certainty of intention is intertwined with the question of whether an obligation is a trust or a power. In explaining the difficulties of distinguishing whether a settlor has intended to create a trusts and powers as distinct obligations, which of the following statements is false?