LWZ211 Trusts and Law-necessary report for the guidance

To illustrate the trustee’s uncertainties these questions were postulated by her:

1. Are any of the gifts made in the will invalid or otherwise deficient?

2. If so, which gifts are invalid or deficient?

3. What is the basis of invalidity or deficiency if any?

4. What, if anything, follows from the possibility of any invalidity or deficiency in respect of any particular gift?

5. Can the $350,000 donation to the Vocal Arts Foundation Pty Ltd be questioned or recalled in some way?

6. If so, is there any basis on which that money could be recovered from the foundation?

7. Apart from possible criminal proceedings against the management of the gallery, is there a basis on which the $348,000 received by the gallery for Bob’s art collection might be recovered from the Liquidator?

8. Must she implement the gifts specified in sub-paragraphs 5.1 to 5.4 inclusive? If so, how should she go about it? If not, is it legitimate forher to claim the subject matter of those gifts, or some of them, for herself under sub-paragraph 5.5?

Your Task – In accordance with the terms of reference given previously, write the necessary report for the guidance of your team leader, both in general terms and specifically in respect of each issue that you might be able to identify (including issues raised by the specific questions listed above).