Certainty of Objects Flashcards
What is the test for Certainty of Objects for Fixed Trusts? Which case is relevant?
The Complete List Test - Morice v Bishop of Durham (1804)
What is the test for the Certainty of Objects for Mere Powers? Which case is relevant?
The “Is or Is Not Test” - Re Gestetners [1953] Ch 672
What was the test (with the case) and what is now the test (with the case) for Certainty of Objects for Discretionary Trusts?
The test was the Complete List Test as outlined in IRC v Broadway Cottages [1955] Ch 678.
McPhail v Doulton determined that it is now the “Is or Is Not Test”.
What is the test for Certainty of Objects for Gifts with a Condition Precedent? What are the 2 cases?
The “Is or Is Not Test”.
Re Tucks Settlement [1978] Ch 49 & Re Barlow’s Wills Trust [1979] 1 WLR 278.
Family members
What words satisfied the test for certainty of objects in Re Baden No 2 [1972] 2 All ER 1304 and what principle did it state?
Relatives & dependents.
Evidential uncertainty only applies to fixed trusts.
Mere powers
What did Re Manisty’s Settlement [1973] 2 All ER 1203 state?
A mere power could not be invalid on the grounds of administrative unworkability.
What did R v District Auditor Ex Parte West Yorkshire County Council state?
A trust for 2.5 million people was not capricious as the settlor was a local authority.
In a trust, can potential beneficiaries enforce it? What happens if the trustee doesn’t distribute?
Yes. If the trustee fails to distribute, the court will distribute instead.
In a mere power, can potential beneficiaries enforce the trust? What happens if the trustee fails to distribute?
No. If the trustee fails to distribute, the court cannot intervene.
What is the exception for mere powers & distribution?
In a pension, if the settlor intended to distribute, the court may intervene.
