Flashcards
EPT - Certainty of Objects
Cards in this deck (13)
- 1£5k to each of my daughtersCertainty of Objects
Conceptual certainty
"daughters" - we know who is the daughters of the settlor, it is not vague or ambiguous, there is no rooms for argument, so it is conceptually certain - 2£10k to my trustees to hold in equal shares for the benefit of all those who have been kind to meCertainty of Objects
Conceptual certainty
"kind" - we all have our own idea of what amounts to kindness, we can't measure it. there is too much ambiguity surrounding the word kind, so it is conceptually uncertain - 3£1k for my trustee to share between my tall friends in equal sharesCertainty of Objects
Conceptual certainty
"my tall friends" - someone might think that is tell, some might not, there is too much ambiguity and argument, so it is conceptually uncertain - 4£50k to my trustees to share in any way they see fit between those who were in my school hockey team with meCertainty of Objects
Evidential certainty
"school hockey team"
- depends on whether there is a way to prove whether or not someone was a member of the school hocket team
- if there is some kind of records exist, we can prove the identity of these people, it is evidentially certain
- if there is no records, it is evidentially uncertain, the trust will be void
* conceptually certain - school hockey team is quite specific, we know what it means - 5£10k to be divided equally between my first cousinsCertainty of Objects
Ascertainability
- if one of the first cousins happened to be a missing person, that would be unascertainable
* conceptually certain - we know what it means
* evidentially certain - there are ways to prove who is related to him - 6£5 mil to be divided equally between all current undergraduate students at Cardiff UniCertainty of Objects
Size of the class
"all current undergraduate students" - 22k students might still be able to be performed - 7£5 mil for my trustees to distribtue in such shares as they think fit amongst the people of the UKCertainty of Objects
Size of the class
"people of the UK" - 66 billion people are way too big - 8£100k to my trustees who may, if they think fit, appoint all or part of this sum amongst the members of the Harry Potter fan clubCertainty of Objects
Capriciousness
"members of the HP fan club"
- the question is "does the settlor has a connection with the HP fan club? - 9the residue of my estate to be distributed in equal shares between those who were in the same History A Level class as meCertainty of Object
(FT with class disposition)
PROBABLY VALID
* conceptually certain - we know what "History A Level class" means
* evidential certain/uncertain?
- if the settlor has done his A levels many years ago, do the records still exist?
- we don't know enough as to whether or not it is possible to prove whether people are beneficiaries or not - 10£50k for each of my friends who share my interest in the GOT booksCertainty of Object
(FT with individual disposition)
PROBABLY VALID
* conceptually certain - "friends who share my interest in the GOT books" is quite specific, we can figure out what that means
* evidentially certain - it is for the settlor's friends to come up to the trustees and prove that they share an interest in the GOT books
* as long as we can find one friend who shares interest in the GOT books, it is sufficient - 11£50k to my granddaughter, provided she does nnont marry XCertainty of Object
(FT with condition subsequent)
as long as there is the name of X, that would be fine - 12£1 million for my trustees to divide between the fans of the Cardiff Blues rugby team in any way they see fitCertainty of Object
(Discretionary Trust)
LIKELY TO BE VOID
conceptually uncertain - "fans"
- how do we decide whether or not someone is a fan of certain rugby team
- does it mean that they constantly wearing the shirt everyday, or that they occasionally catch up with what is going on?
- there are all kinds of degrees as to what "fans" means, it is a too ambiguous term, so it is likely that the trust would fail for conceptual uncertainty
evidential certainty?
- depends on which approach we take
- everyone's minds has an idea as to how to interpret this, so it could be an issue as to how to interpret this - 13£100k to my trustees, who may distribute this fund between current employees of Cardiff Law School, in any way they see fitCertainty of Object
(Powers of Appointment)
VALID
conceptually certain - "current employees of Cardiff Law School" is certain
evidentially certain - depends on which judge the court favours. Even if we need it, "current employees" can be proven, there are going to be records that we can access to find out who they are
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- Equity & Trust (Express Private Trust) Flashcards on EPT - Certainty of Objects, created by Yee Woei Lee on 06/05/2018.
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- Yee Woei Lee
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