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Review Your SQE 1 Practice Records

Examination Timing: 00H00M34S

Alice executes a will in which, after making certain specific bequests, she leaves "the bulk of my residuary estate" to her friend Rachel to be held on trust until Rachel attains the age of 30. Which of the following statements best describes the position?

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Your selected option: A

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The correct answer is C. The trust has failed for lack of certainty of subject matter. A trust will fail unless there is certainty of intention, certainty of subject matter, and certainty of objects. The phrase "the bulk of my residuary estate" is not sufficiently clear to identify the trust property precisely. For a trust to be valid, the trust property must be clearly defined. 

Key Point: Certainty of subject matter is essential for the validity of a trust. If the property to be held in trust is not clearly identifiable, the trust will fail.

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