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Law Of Trusts Question Paper

Law Of Trusts 

Course:Bachelor Of Laws

Institution: Kenyatta University question papers

Exam Year:2013



KENYATTA UNIVERSITY
UNIVERSITY EXAMINATIONS 2013/2014
FIRST SEMESTER EXAMINATIONS FOR THE DEGREE OF BACHELOR OF LAWS
LCC : 305
Date: Friday, 13th December 2013 Time: 3.00 p.m.- 5.00 p.m.
TIME ALLOWED: 2 HOURS
INSTRUCTIONS
1) Answer question ONE and any other TWO questions.
2) Support your answer with relevant case law, statutes and any other relevant references.
3) Write neatly and legibly.
4) Your answer sheet must bear your student registration number.
5) Do not write on the question paper.
QUESTION 1 (COMPULSORY)
Joyce deposited Kshs. 500,000/- at a bank in the name of her niece, Racheal. She never informed Racheal of what she had done. Joyce retained the deposit slip and purported to dispose of the money by a codicil to her will.
Discuss the principle(s) brought out by the above facts using appropriate case law. (30 marks)
QUESTION 2
With the use of appropriate case law, discuss the requirement ofpublic benefit and the exceptions, thereto, if any, with regard to trusts. (20 marks)
QUESTION 3
Discuss the rule against remoteness
QUESTION 4
A father put a cheque, presumably payable to himself, into the hands of his infant son, saying: “Look you here, I give this to baby; it is for himself”. He then took back the cheque and put it away but subsequently reiterated his intention of giving the amount of the cheque to his son. Shortly afterwards he died and the cheque was found among his effects.
Using appropriate case law, give a legal opinion on whether a trust was created or not while setting out the principles involved, if any. (20 marks)
QUESTION 5
Write short notes on all of the following:-
a) Characteristics of a Half Secret Trust. (5marks)
b) Rights of a beneficiary under the trust. (5 marks)
c) Trustees’ possible defences in an action for breach of trust. (5 marks)
d) Donatio mortis causa. (5 marks)








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