What is the nature of the power of disposition granted


Problem

Unfortunately, Peter's mother's health deteriorates as a result of her dispute with Peter, and she passes away in early 2026. She leaves the following will: 1. I appoint Humbert Humbert to be executor and trustee. 2. My whole estate real and personal is left to my trustee with the following directions: i. My house at 13 Stone Street I leave to my son, Peter, subject to him paying my neighbour, Ashley, $50,000 within two years of my death. ii. The sum of $100,000 to be held on trust for those first team members of the 1969 Camberwell High Netball Team that played in the finals of the state school competition that year. iii. The sum of $50,000 to be held on trust for my old Portuguese lover Ronaldo, who mended my broken heart after the passing away of my late husband, in the fullest confidence that he will use the money to build a small shrine to me in his back garden. iv. The sum of $50,000 to be held on trust for such of my three nephews, Huey, Dewey and Luey as my trustee shall appoint within 12 months of my death. In the even that no appointment is made, the money is to be paid to those staff at Pinelands Garden Centre who have provided so much valuable assistance to me over the year in maintaining my garden. v. The sum of $1million to be invested by my trustee. The income from those investments is to be paid to my daughter, Sue, during her lifetime. Upon her death, the remaining income and capital is to be paid to Peter. I am confident that my trustee will invest in ethical industries. vi. The residue of my estate I leave to my son, Peter.

Task

Humbert Humbert, who is a pilot, seeks your advice on the following:

What is the nature of the power of disposition granted to Humbert in clause, what does it require of him and what is the consequence if he decides not to appoint any of Huey, Dewey or Luey?

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Business Law and Ethics: What is the nature of the power of disposition granted
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