Certainty of Objects

Certainty of objects is required for a trust to be declared valid. However, different tests are used for different types of trusts.

Fixed Trusts

Discretionary Trusts

 

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3 thoughts on “Certainty of Objects

  1. Hello I am currently studying Trust Law and I am finding it difficult to interoperate the case Mcphail v Doulton and Re Gulbenkian’s Settlements. Are they both in relation to mere powers with fiduciary power elements as, I have looked in many books and I have seen that these cases concern mere powers however the powers are appointed to trustees therefore do they have a fiduciary element to them?

    • From memory they are different cases, McPhail distinguishes between powers and trust. McPhail is an important case, I’d suggest looking at the revision guides like Nutcases before embarking on reading the case. I am sorry I cannot be of much help!

  2. What’s up everyone, it’s my first go to see at this site, and article is really fruitful in support of me, keep up posting these types of posts.

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