The Question of Certainty of Intention Is Intertwined with the Question

Multiple Choice

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?

A) There is now little difference between a trust and a power.
B) Powers are normally given to trustees, so that trusts and powers may be exercised by the same person and may be conferred by the same instrument.
C) The boundary lines between trusts and powers have become blurred.
D) It is difficult to determine from the words used by the settlor in the instrument whether a trust or a power is intended.