Law of Trusts?

Question

If i was to 'my best teddy bear' to my niece in a will, under the law of certainy what is the problem? What about if i said 'teddy bear of her choice?'

Answer 1

This is, as someone has rightly pointed out, the law of wills. Now if you had a very valuable antique Stieff teddy bear, there might be a fight over it. However, failing that, there is unlikely to be any dispute among beneficiaries. They would probably agree that she could pick whatever teddy she chose as her gift under your will, as the word "best" here is highly subjective. What you considered your best teddy bear as a child might have been hugged into a very dilapidated state by the time you grew up. On the other hand, it might be argued that your best teddy bear was one which you acquired later on and which simply sat on the piano or somewhere as a decoration. If there really were a dispute, then evidence would have to be brought in court as to which teddy bear might objectively be shown to be your best or, alternatively, whether you were in the habit of describing one particular teddy bear as your best. It might be helpful too if evidence were brought that in your lifetime you had indicated a particular teddy and told people that your niece would have it after you had departed this world.
"The teddy bear of her choice", would remove all these problems.
Generally a court will bend over backwards to give effect to the wishes of the testator, as far as one can discern them.

Answer 2

You can't leave property to an inanimate object or even and animal. For an animal you can leave it in trust until the animal dies but then the trust is wound up. If you left such a will it would be invalid and you would have died intestate and the rules of that would apply