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Equity & Trusts

The Family Gift

Context

Elderly widow Margaret tells her daughter Claire at a family dinner: 'I want you to have the bulk of my savings when I'm gone — look after your brother with it.' Margaret has £180,000 in a savings account. She does not execute a will or formal trust deed. Two weeks later, Margaret dies intestate. Claire argues a valid express trust was created.

Step 1. Did Margaret's statement satisfy the requirement of certainty of intention?

Answer options for step 1