Certainty of Objects for Discretionary Trusts - Law Teacher.
Certainty And Certainty Essay; Certainty And Certainty Essay. 817 Words 4 Pages. In the human mind there are many things that go into decision-making every single day. The strong impetus that drive one’s decision in a situation: certainty and doubt. These feelings that people often have are connected very closely. It would be extremely beneficial for each and every person to be certain in.
Lord Wilberforce: On why there should be the same certainty of objects test for discretionary trusts and powers of appointment said the two are very similar. Pointed out that lower courts and House of Lords had reached different conclusions on whether Mr Baden had created a discretionary trust or a power of appointment. Validity of disposition should not depend upon “such delicate shading”.
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Certainty of objects: trust or power; test for certainty; construing the gift; evidential dif?culties; administrative unworkability. Answer It is a cardinal principle of the law of equity that a trust may only be valid - that is, enforceable by the bene?ciaries against the trustee - if it has been created with certainty of intention, certainty of subject matter and certainty of objects.