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Winston executes a will providing that $10 million from his estate will go into a trust after his death. The beneficiary of the trust is his son Xavier, and the remainder of his estate will go to his daughter Zoe. However, the trust was set up improperly and fails upon Winston’s death. Zoe is now arguing that she is entitled to receive the $10 million.
Is Zoe’s argument likely to succeed in court?
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To answer this question, you should think about and discuss what happens to the resulting trust when a testamentary trust fails.
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