Mind map
Three Certainties

Mind map: Three certainties trust law
Map content
Three Certainties
Intention
- Import obligation
- Comiskey - "in full confidence that she will devise to one or more of my nieces". 2nd part clearly mandatory
- But...
- Re Adams - "in full confidence" not sufficient.
- But...
- Comiskey - "in full confidence that she will devise to one or more of my nieces". 2nd part clearly mandatory
- "Should"?
- Wallbank - word merely precatry
- Import obligation
Subject matter
- Tangiable & Intangiable
- London Wine - tangible but no segregation of appropriation
- Hunter - intangiable (shares) therefore no need for segregation
- Ambiguity
- Palmer - "bulk of my estate"
- Re Golay - "reasonable income" was still valid
- Palmer - "bulk of my estate"
- Tangiable & Intangiable
Objects
- Fixed Trust
- IRC - complete ascertain ability test
- Discretionary Trust
- McPhail - Test same as MP. Wilberforce: Conceptual, Evidential, Administrative Unworkability
- Re Baden - Stamp LJ set requirements to determine conceptual certainty. E.g. certainty if we describe next of kin within statutory definition.
- Re Tuck - third party power to decide? should stay within juris or the court
- Individual gifts to persons answering a description - Re Barlow it is sufficient if there is at least one person who fits description
- Re Tuck - third party power to decide? should stay within juris or the court
- Re Baden - Stamp LJ set requirements to determine conceptual certainty. E.g. certainty if we describe next of kin within statutory definition.
- Duties
- Survey the class, consider and appoint (act in good faith, no improper selection, no capricious, no conflict).
- McPhail - Test same as MP. Wilberforce: Conceptual, Evidential, Administrative Unworkability
- Mere Power
- Re Gestener - can it be said of any given person that he or she is or is not object of the power? (objective test)
- Re Manisty - capricious = void
- Duties
- Re Hay - consider whether to exercise, survey range of objects, consider suitability of appointments (fiduciary)
- Bare power does not need to be considered. No duties in terms of exercising power. See Mettoy v Pension Fund
- Re Hay - consider whether to exercise, survey range of objects, consider suitability of appointments (fiduciary)
- Re Gestener - can it be said of any given person that he or she is or is not object of the power? (objective test)
- Fixed Trust
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- The three certainties Mind Map on Three Certainties, created by reashton on 16/04/2013.
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- reashton
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