Certainty of Objects for Discretionary Trusts.

The tests for certainty of objects differ depending on whether there is a fixed trust or a discretionary trust. This essay will consider whether the different tests applicable to fixed trusts and discretionary trusts are appropriate. Initially, the complete list test applied to both types of trusts.

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A critical evaluation of the test for certainty of objects in the law of trusts and assessment of whether developments in the last half-century have had a positive or negative impact on the law.

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Equity and Trust exam notes written from textbooks and lectures for the Certainty of Objects. Formatted to be memorised and contains all the necessary information to achieve a 2:1 or 1st on the exam.

With certainty of objects, all you need to do is be able to identify with sufficient certainty who the beneficiaries of the trust are. Where the beneficiary is named in the will, there are no problems.

The following is a more accessble plain text extract of the PDF sample above,. Buy the full version of these notes or essay plans and more in our Trusts Notes. More Trusts Samples. Certainty Of Object Notes. Charitable Trusts Notes. Completely And Incompletely Constituted Trusts Notes.

Critically evaluate the tests for certainty of objects in the law of trusts and assess whether developments in the last half century have had a positive or negative impact on the law - Essay Example.

Chapter 3: Outline answers to essay questions. The current approach to certainty of objects in discretionary trusts creates more uncertainty than it resolves. Discuss. Introduction: the test for certainty of objects previously required a complete list of beneficiaries (IRC v Broadway Cottages).

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