Question
There is no law category on chegg so I am hoping someone will answer it within the business category. Take a trust power where the
There is no law category on chegg so I am hoping someone will answer it within the business category.
Take a trust power where the class of objects comprises such persons, Trustees of Trusts, companies or charities, residing in or otherwise carrying on business in the City of Port Phillip.
If the settlor/testator has no connection with the City of Port Phillip do you consider that such a trust may or should be invalid for administrative unworkability or capriciousness? Why would a settlor that has no connection with the City of Port Phillip, which houses the objects of the trusts be relevant? Consider as part of your analysis the applicability of and the legal and/or policy justifications for administrative unworkability and capriciousness.
My question is what situation would have to arise in order for a settlor or testator to make the trust administratively unworkable or capricious by having no connection with the city where the objects of the trusts reside? The question seems to puts an emphasis on the personal relationship the settlor/testator has with the objects of the trusts. The rest of the question seems to stem from this idea and asks if such trust would be invalid not just on administrative unworkability but the fact that for example, whether or not the settlor has ever set foot or lived in Port Phillip. From my reading, it seems that the personal connection a settlor has with the city is not relevant if their intent is clear?
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