Gifts and trusts on death

Question 1

Wills

Answer 1

To make a valid will - the testator must comply with S. 9 of Wills act. Will must be in writing, signed by the testator in the joint presence of 2 witnesses who must then witness the testator’s signature by signing the will in his presence

Question 2

Trusts in wills

Answer 2

Constitution of trust is unproblematic. It is the will which transfers the title to the trustees. Declaration of trust must comply with conditions - 3 certainties

Question 3

Gifts in wills

Answer 3

No problem with imperfect gifts. The will transfers legal title. The gift must be sufficiently certain as to subject matter and the identity of the donee