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Law Of Trusts Question Paper

Law Of Trusts

Course:Bachelor Of Laws

Institution: Kenyatta University question papers

Exam Year:2012

KENYATTA UNIVERSITY
UNIVERSITY EXAMINATIONS 2012/2013
FIRST SEMESTER EXAMINATION FOR THE DEGREE OF BACHELOR OF LAWS
LCC 305: LAW OF TRUSTS

Date: Monday 17th December 2012 Time: 9.00 a.m - 11.00 a.m.

INSTRUCTIONS:
1)Answer question ONE and any other TWO questions
2)You will be penalised forfailing to answer question ONE
3)Support your answer with relevant case law,statutes and any other relevant references
4)Write neatly and legibly
5)Your answer sheet must bear your student registration number

QUESTION 1 (Compulsory)
Kamau, a prominent and wealthy politician who graduated from Kenyatta University in 1982, made a will with the folowing dispositions:
a)The bulk of my estate in trust to provide scholarships and prizes to students who do well in first year exams at Kenyatta University, School of Law;
b)Kshs 2,000,000/- on trust to fund an annual prize for the most famous Kenyatta University, School of Law student, with no-one eligibel to receive this prize more than a few times;
c)My executors may pay money frommy residuary estate to any needy or deserving relative, dependent or friend of a graduate of the Kenyatta University, School of Law excluding staff of the University or my trustees or their families.

After analysing the relevant principles under the Law ofTrust, please explain to the executor of Kamau''s will, Wachira, who is quite curious on issues of application of law, the principles that will dictate how and whether any or all of these bequests will pass. (30 marks)

QUESTION 2
A)Define the term "trust" and explain its main uses (10 marks)
B)Expalin the historical development of the Law of Trust (10 marks)

QUESTION 3
In the case of Knight v Knight (1840) Vol 49 ER 58, Lord Langdale set three certainities that are required for the creation of a trust. Please discuss them using relevant case law. (20 marks)

QUESTION 4
As established by Lord MacNaughten, for atrust to be termed charitable, it must benefit or be intended to benefit the public at large. What are the principle divisions of such charities? Explain using relevant case law. (20 marks)

QUESTION 5
Write explanatory notes on any FOUR(4) of the following:-
a)Trust and Bailment (5 marks)
b)Nature of the Beneficiary''s Interest (5 marks)
c)Constructive and Resulting Trusts (5 marks)
d)The Doctrine of Cy-pres (5 marks)
e)Waqf (5 marks)

Law Of Trusts Question Paper

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