Three Certainties part 2 Flashcards
1
Q
IRC v Broadway Cottages [1955] Ch 20
A
All members of the class could not be listed
Clear who was in and who was not
Court of Appeal - void for certainty of object
2
Q
What is the test for certainty of object in discretionary trusts?
A
The individual ascertainably test
3
Q
When is a trust not a trust?
A
How powers of appointment rescued the discretionary trust
4
Q
Re Barlow [1979]
A
Series of individual gifts not one class
5
Q
Re Manistry [1974]
A
Trustees have power to ass persons to the class of beneficiaries
