Trusts Powers & Gifts: Certainty Of Objects

Question 1

Badens deed trust 2

Answer 1

Trust valid on individual ascertainability test.

Question 2

Re Barlow

Answer 2

Family and friends was too uncertain. Gift failed.

Question 3

R v District Auditor, ex p West Yorks MCC

Answer 3

Trust failed. Too many objects so could not form a class of beneficiaries.

Question 4

McPhail v Doulton

Answer 4

If a given claimant can clearly be determined to be a beneficiary or not, a trust is valid.

Question 5

Re Hays

Answer 5

Three duties of trustee specific to powers or appointment:
Consider periodically whether to exercise power.
Consider range of objects of the power.
Consider appropriateness of individual appointments.

Question 6

Re Manisty

Answer 6

Trustees given power at their discretion to to extend the class of beneficiaries. This is an immediate power. It was not too uncertain.