Question

Paraphrase:

(a) The validity of testamentary trusts of movables
It is clear that the ordinary rules regarding the validity of wills apply regarding the validity of a will setting up a trust of movables, and it would be surprising were this not so. A will may, however, set up a trust whose validity is not to be determined by the same law which determines the will’s validity. Our authorities are silent on this possibility, but there seems to be little reason why the testator could not, expressly or impliedly, choose a law to govern the trust he founds. In the absence of such choice, however, how is the governing legal system to be selected? The lex situs of the movables, it is here submitted, has a relatively weak claim for consideration; the situs of movables is variable and given that the trust may last a long time seems a rather arbitrary connecting factor. The alternative connecting factors appear to be either the domiciliary law of the testator—which would accord with the normal rules governing choice of law in succession—or the law of the locus of administration of the trust. English law appears to favour the locus of administration, and Honoré apparently favours a policy-influenced choice between the two.

Answer 1

[AI-generated answer — Bot GPT 3.5]

The effectiveness of testamentary trusts of movable assets follows the same rules as will validity. However, there is the possibility for a will to establish a trust with its own set of rules for validity. It is unclear how the governing legal system for the trust is determined if not explicitly stated by the testator. The location of the assets seems like a weak factor, as it can change and the trust may last a long time. The domicile of the testator or the location of trust administration may be better connecting factors. English law tends to prefer the latter, while Honoré suggests a policy-based decision between the two.