Alison Nieves Will Analyses Essay Example | Topics and Well Written Essays - 2500 words

Alison Nieves Will Analyses - Essay Example The essay "Alison Nieve’s Will Analyses" presents the analyses of Alison Nieve’s Will. The first clause in Alison Nieve’s Will is a standard provision pursuant to Section 20 of the Wills Act 1837 as amended. Section 20 provides for the revocation of an existing will by the execution of another Will. The second clause of the Will provides for the appointment of Simon Landsford and Asif Khan as co-trustees and co-executors of the Neive’s Will and with those appointments, there are responsibilities and obligations which as explained in greater detail below.The gift to Sarah of 50,000 pounds doesn't impose upon Simon Landsford and Asif Khan the role of trustees. The power to transfer the sum of 50,000 pounds is founded on their respective capacities as executors of Nieve’s Will. It is clear that Neive does not intend that Sarah take the funds as an absolute gift. Neive’s sole intention was the creation of a purpose trust with Sarah acting as trus tee. In order for a trust to be fully constituted and capable of enforcement it must contain three certainties. Three certainties are certainty of intention, objects and subject matters. The trust property is commonly referred to as the subject, intention refers to the words and conduct that is capable of identifying the donor’s intention to create a trust and the objects refer to the intended beneficiaries. The difficulty with this trust is that Samuel, the object of the trust is not a human beneficiary.