Private Express Trust And 3 Certainties Flashcards
1
Q
Re Adams & The Kensington Vestry (1884) is an example of what?
A
How the use of precatory words, are not sufficient for certainty of intention.
2
Q
The courts have held that reasonable can be sufficiently certain, for the certainty of subject matter with authority of which case?
A
Re Golay’s Trust.
3
Q
What is needed for certainty of object in a fixed trust?
A
Must be possible to draw a complete list of beneficiaries. IRC v Broadway Cottages Trust
4
Q
For certainty of object in a discretionary trust what is needed?
A
The trustees must be able to identify with certainty a class of beneficiaries. McPhail v Doulton [1970]
