1. Bogart, a successful entrepreneur, died last month. His will contains the following provisions:

(a) I leave £500,000 to my trustees, Cagney and Lacey, to be distributed equally between my five children.
Agatha, one of the children, emigrated to Australia two years ago, and has not been heard from since.
- Is this a discretionary trust or fiduciary power ?

(b) I direct my trustees, Cagney and Lacey, to give my lover, Marple, the most expensive of my Liverpool flats and to ensure that Marple receives a reasonable income from my other properties.
- Is the case of Bryce v Bryce and Re Golay to be applied?

(c) I leave £100,000 to my trustees, Cagney and Lacey, who shall distribute this at their absolute discretion amongst anyone who has ever worked for me or any blood-relative of anyone who has ever worked for me.
- Is this again a discretionary trust or fiduciary power ?
- Is blood-relative of anyone who has ever worked for me of a “capricious nature”?

(d) The remainder of my estate to my trustees, Cagney and Lacey, with the authority to distribute this amongst any struggling new business less than two years old, or, in default of making such a distribution, to transfer the remainder to the Entrepreneurs’ Association.
- Does this part refers to adminsterial workability ?
- Advise Cagney and Lacey on the validity of these provisions.

2. ‘It is not difficult to fully constitute a trust – any difficulty comes in finding when equity will intervene where the creation of a trust is imperfect in some way and the beneficiaries look to equity to give them enforceable obligations against the property that should have been subject to a perfectly created trust.’

Analyse critically the law relating to the enforcement of imperfectly constituted trusts in the light of the above statement, including the impact of the rule that equity will not assist a volunteer.

3. Bogart made a home-made will appointing his business partner, Cagney, as his executor. The will contained the following dispositions:

(a) I give all my shareholdings in Gangsters Inc to Cagney as my trustee, whom I wish to sell them and use the proceeds of sale to be held on trust for such of the aged residents of Liverpool that Cagney, in his absolute discretion, thinks are deserving;

(b) My most valuable artworks I command Cagney to sell, and to hold the proceeds on trust for such of my relatives as Cagney shall select, or, in default of such an appointment being made, to hold the same on trust for the Dog’s Trust (a registered charity);

(c) I give the best of my wine, which is stored in a leather case apart from the rest of my wine cellar, to such of my cousins as Cagney can reasonably locate, and the remainder of my cellar to such graduates of Liverpool University resident in Woolton village as Cagney shall select. (All of Bogart’s cousins, apart from Robinson, recently emigrated to Australia and New Zealand.);

(d) The majority of what is left of my estate I wish to be left to erect a statue in honour of my beloved companion, Flossy, the best dog in the world.

Bogart has now died. Advise Cagney as to the certainty of these dispositions.

1. Bogart, a successful entrepreneur, died last month. His will con...