Certainty

Certainty

Of Intention
1. Segregation of Assets/Repletion of Words
2. Precatory Words
  1. consider in context
  2. indicate hope/desire
of Subject Matter
1. need to ascertain property
2. have means to ascertain
3. at time of creation of trust
of Objects (B's)
1. Conceptual Certainty
  1. certainty of class of B's
  2. identify boundaries of class
  3. tests for different types of trust
    1. Fixed - 'exhaustive' test
    2. discretionary - ' non-exhaustive'
  4. Evidential
    1. question of fact
    2. identifies who falls in class
    3. Re Baden test
2. Ascertainability
  1. T's must ascertain B's
  2. pay share into court
  3. 'Benjamin' Order
3. Administrative Workability
  1. Formalities
    1. Declaration of Trust
    2. Transfer of Legal Title
    3. Assign/Dispose of Equit. Interest
  2. Specifically Enforceable Contracts (SEC)

Resource summary

	Created by natalie.caple about 10 years ago