English Law Equity and Trust Coursework Essay Example | Topics and Well Written Essays - 2500 words - 1

English Law Equity and Trust Coursework - Essay Example tion behind the creation of trust is that the devisee or grantee shall convey it, or dispose of the profits, at the will, or for the benefit, of another; an estate held for the use of another; a confidence respecting property reposed in one person, who is termed the trustee, for the benefit of another, who is called the cestui que trust. Generally the beneficiary gets interest and dividends on the trust assets for a set number of years. Law of equity and trust confers the provision regarding the trust. It laid down several duties and responsibilities for the trustees. Trust can be raised from either trust deed/covenant as said before or by the Will, i.e. a testamentary trust is a trust created by a Will or a codicil to a Will. A testament is a Will. Here the trust instrument is the Will/Codicil. A testamentary trust can not be by inter vivos i.e it can not be exist between living persons. Generally there can be two types of disputes raised from this type of the trust established by the law. a) Dispute concerning property left in Wills which are over the capacity of a testator b) dispute regarding whether the testator made the Will under undue influence. Here there is a rule that he/she must dispose of that property personally and may not delegate that power of disposition to another. Tatham v Huxtable(1950) 81 CLR 639 where the Court insisted to keep up the rule â€Å"Will directed the executor to distribute the residuary property â€Å"to others not otherwise provided for who, , have rendered service In our case, Brain has appointed Tony and Nathan as executors and trustees under his Will (testament) over the trust deed which he (the testator) had made earlier where his children Pat and Richard are the trustees. Before we render the service of tackled conclusions to Tony and Nathan, it is inevitable to have a look upon the rules, provisions, scope of trustees of trust deed and trustees of testamentary trust. There will always be some testators who draft their own

What Is Philosophy Essay Example | Topics and Well Written Essays - 1000 words

What Is Philosophy - Essay Example The actual meaning of the word 'philosophy', however, is such that neither interpretation can truly be said to be wrong. On the other hand, neither interpretation is truly correct on its own, either. This being the case, the question of what philosophy is should first be answered. The word 'philosophy' actually derives its origins from the Greek words 'philo' and 'sophos', which respectively mean 'love' and 'wisdom' - thus, the word can be translated as 'love of wisdom' (Online Etymology Dictionary, 2012). Philosophers tend to concern themselves with problems, especially those with concepts such as existence, knowledge and values (Teichmann and Evans, 1999). They then proceed to try and answer these questions as logically, rationally and systematically as possible. One of the more notable things said of the field of philosophy is that it revolves around the creation of concepts. This is actually a rather accurate description; for instance, the subcategory of metaphysics concerns itse lf with explaining the nature not only of the world, but of the human existence (Geisler, 1999). Those who specialize in this branch of philosophy search for knowledge with the aim of helping others attain greater understanding of the world, as defined by its fundamental notions such as existence, causality, ontology and possibility. ... This is not necessarily a bad thing, though - as the legendary Bruce Lee once put it, all knowledge ultimately leads to self-knowledge (Little, 1996). Interpreting any given subject will inevitably require the use of one's logic - of one's rational capabilities to try and make sense of the subject at hand. And as Popkin and Stroll (1993) explain, this in turn requires that one is capable of reasoning things out in a valid manner, based on the body of knowledge involved. For instance, one need not be a lawyer or a law student to know the law. However, the only way to truly understand the intricacies of the law is to unlearn everything one has been taught to think of it, and to try and understand the law as lawyers do. Joe Hyams (1982) quotes no less than Bruce Lee himself when he emphasizes the need to let go of one's preconceived expectations and notions. For one to properly study a subject requires that he be willing to let go of everything he has been taught to think about that sub ject, and to approach it with a clean slate, as if for the first time. In connection with this, it has often been said that lawyers are not truly after the truth, but what can be proven. As most lawyers and law students know, this can and often is a problem. For one thing, evidence can, in fact, be fabricated, and besides that, even the evidence at hand can be misinterpreted such that it heavily favors a particular interpretation of events. This can be very frustrating, especially to those who took to heart the lawyer's oath to uphold justice and truth seriously Furthermore, evidence can be admitted or dismissed depending on the methods used to obtain it,