Please enable JavaScript.
Coggle requires JavaScript to display documents.
Certainties (Certainty of Object (beneficiaries) (ways to solve: (leaving…
Certainties
Certainty of Object (beneficiaries)
Evidential certainty
level of certainty depends on
fixed trust: complete list test
discretionary trust: is or is not test
Ascertainability
Conceptual certainty
Administrative workability
Capriciousness
failure: beneficial interest with remains with or results back to settlor
ways to solve:
leaving decision to another: discretion
(x) the severance of uncertain term
trustee's fiduciary powers
Certainty of Intention (words)
using the word trust
precatory words
not just about words, as a whole + circumstances to be considered
if fails: no trust, holder has absolute ownership
Certainty of Subject Matter (property)
Lack of certainty may be present in relation to
the property itself
the respective entitlement of different beneficiaries (shares)
outcome depends on nature of property
tangible
intangible
if fails
transfer of whole with attempt to to create a trust over uncertain part - recipient takes absolutely, akin to a gift
uncertainty as to division - trustee holds on RT for settlor
uncertain description - settlor retains property