The Three Certainties: Object

• What does the term "objects" generally refer to in the context of trusts?

  Beneficiaries
• Why must objects be certain in a trust?

  To allow trustees or the court to execute the trust
• What happens if the objects of a trust cannot be identified?

  The trust will be void
• What is necessary to assess the certainty of objects in a trust?

  Different tests for certainty of objects
• Why is object certainty important in trusts?

  Because of the beneficiary principle
• What case established the principle regarding control over trusts?

  Morice v Bishop of Durham [1805]
• What does Sir William Grant MR state about trusts in Morice v Bishop of Durham?

  There can be no trust without court control over its exercise
• What is the exception to the requirement for definite objects in trusts?

  Charitable trusts can have general purposes without failing
• What discretion does a settlor have regarding their intent in a trust?

  A wide discretion in how their intent is expressed
• What are the types of trusts that a settlor can create?

  Fixed trust, discretionary trust, fixed trust subject to a condition, fiduciary power
• What are the six tests for object certainty in trusts?

  1. Essential test
  2. Conceptual certainty
  3. Evidential certainty
  4. Ascertaining the objects' location
  5. The size of the class (administrative unworkability)
  6. Capriciousness
• What is the essential test of certainty in trusts?

  It is based on determining certainty dependent on the type of concept involved
• What are the three tests included in the essential test of certainty?

  Complete list test, any given postulant test, one person test
• What does conceptual certainty refer to in trusts?

  It refers to whether the description of the object is certain as a concept
• What does evidential certainty mean in the context of trusts?

  It means the objects must be capable of being proven
• Why is the ascertainability of objects important in trusts?


  To determine if the objects can be located or identified
• What does the size of the class refer to in the context of trusts?

  It refers to how large the class of objects is and its administrative feasibility
• What does capriciousness refer to in the context of trusts?

  It assesses whether the creator's rational intention is sensible
• What are fixed trusts?

  • Trust fixes the shares, proportions, and beneficiaries
  • Example: Mr. Powell's trust for his children, Rhys and Ffion, with equal shares
  • Beneficiaries and proportions are fixed and cannot be changed
  • Trustees have no discretion over income distribution
• What is required when assessing object uncertainty in fixed trusts?

  A complete list of all beneficiaries at the time of distribution
• What was established in IRC v Broadway Cottages regarding the essential test?

  A complete list of beneficiaries must be compiled at distribution
• What happens if the definition of the objects in a trust is unclear?

  The trust will be void due to inability to compile a complete list
• Why was the trust in OT Computers v First National Tricity void?

  Because the term "urgent suppliers" was not conceptually certain
• What must be proven for evidential certainty in trusts?

  That the objects can be identified from the fixed class of beneficiaries
• What was the outcome in Re Sayer regarding evidential certainty?

  The trust failed because records of employees were lost
• What are the two types of conditions in a fixed trust subject to a condition?

  Condition precedent and condition subsequent
• What is a condition precedent in trusts?

  A condition that must be satisfied before the property’s distribution
• What is required for a condition subsequent to be valid in trusts?

  The exact event that will defeat the beneficiary’s interest must be certain
• Why was the trust in Clayton v Ramsden deemed void?

  Because the meaning of "Jewish faith" was uncertain
• What was the outcome in Re Jones regarding the direction for forfeiture?

  The provision was insufficiently defined and void for uncertainty
• What did Scott J decide in Re Tepper’s Will Trusts regarding the uncertainty of "the Jewish faith"?

  He accepted it could be uncertain but allowed for extrinsic evidence to clarify it
• What was the significance of Blathwayt v Lord Cawley regarding forfeiture clauses?

  • A forfeiture clause was valid if it was sufficiently certain
  • Demonstrated the courts' willingness to uphold settlor's wishes
  • Clarified the standards for certainty in trust conditions
• What is a condition subsequent in the context of trusts?

  A condition that is satisfied after the property’s distribution
• Who died in 1984 and left two sons?

  P
• What did Scott J accept regarding the concept of "the Jewish faith"?

  He accepted that it could be uncertain.
• What case involved a forfeiture clause related to becoming a Roman Catholic?

  Blathwayt v Lord Cawley
• What was the purpose of the forfeiture clause in Blathwayt v Lord Cawley?

  It was to be utilized if the beneficiary later became a Roman Catholic.
• What is a condition subsequent in the context of trusts?

  • A condition that must be met after the trust is created.
  • Example: Mrs. Kremer's trust increases dividends for children who become lawyers.
• What is a condition precedent in trust law?

  A condition that must be fulfilled before the trust takes effect.
• What did the testatrix in Re Barlow’s Will Trust direct the executor to do with the pictures?

  To allow family or friends to select and buy them at lower market value.