Okello Mainoo executed a will which contains the following provisions:
a) 5000, 000/= UGx to my sister, Nalumansi Shamra, hoping that she will use the bulk of the money to benefit my friends. (
b) 7,000,000/= UGx to my brother, Mbabazi Bruno, confident that he will use a reasonable sum for the care of our brother, Opio Garnacho.
c) Ugx. 500,000,000/= to my trustees for the promotion of Netball in the public schools located in Kampala district. (
d) ‘I leave the whole of my real and personal estate to my wife in full confidence that she will make use of it as I should have made myself and that at her death, she will devise it to such one or more of my nieces as she may think fit and in default of any disposition by her will I hereby direct that all my estate and property acquired by him under my will shall at her death be equally divided among the surviving said nieces.’ (
e) ‘I hereb transfer my estate to Abdu Sadat on trust for Katamba Fernandes, for the period of Katamba’s life, the remainder to Katamba’s children.’ However, Katamba died this morning without any child.
Question, Advise Okello, who now seeks your counsel as to whether is a valid trust created from the above facts?
