Merril, in His Will, Left a Fund to Harriet, 'To

question 7

Multiple Choice

Merril, in his will, left a fund to Harriet, 'to hold it on discretionary trust, and to distribute it among my children in any share as Harriet in her absolute discretion thinks fit.' Merril has four children, all of whom are adults: Beverly, Coco, Davina, and Ethel. Merril has now died, and Merril's personal representatives have transferred the fund to Harriet, who has put the money in a separate bank account. Harriet has now indicated to the children that he finds it too difficult to make a decision.
Which, if any, of the following statements are true?

• A) The four children can collectively instruct Harriet to transfer the fund to them in the shares which they have decided between themselves.
• B) Beverly, as the oldest child, is entitled to instruct Harriet to transfer the fund to the four children in equal shares.
• C) The children are immediately entitled to a one quarter interest in the fund each, so any of them can demand that Harriet pay them this share.
• D) Any of the children can apply to the court for an order instructing Harriet to make a decision, or to replace Harriet as a trustee.