What was the test in Mcphail v Doulton?

This was the same test which the courts had previously applied to powers. On the facts, it was held that it was perfectly possible to say, looking at an individual whether they were either an officer or employee, an ex-officer or ex-employee, or a relative or dependent of one, and the validity of the trust was upheld.

What is the given postulant test?

The leading test for mere powers is the “any given postulant” test, laid down in Re Gulbenkian. This states that the trustees must be able to say with certainty, when a potential beneficiary comes before them, that he either is or is not a beneficiary.

Does not fail simply because it is impossible to ascertain every member of the class?

The test for certainty of objects was similar to that applied to powers: if it can be said with certainty that any given person is or not a member of the class, the trust will not fail only because it is impossible to ascertain every member of the class.

What is conceptual certainty?

test requires conceptual certainty: the description of the class must be a clear concept (for. practical purposes, at least).27 Re Baden (No 2) discussed whether the law also requires. evidential certainty: evidence available to apply that concept. There might sometimes be a clear. concept, but a lack of evidence.

What are the objects of a trust?

The objects of a trust are the people who benefit from it (beneficiaries). Certainty of objects is one of the three ‘certainties’ that need to be present for a private express trust to be valid (Knight v Knight (1840).

What are the key problems with the decision in re Barlow?

The main questions which arise for my decision are (a) whether the direction to allow members of the family and friends to purchase the pictures is void for uncertainty since the meaning of the word “friends” is too vague to be given legal effect; and (b) what persons are to be treated as being members of the …

What can cause a trust to fail?

In California, for example, a trust can be challenged on any of the following six bases:

  • Lack of Mental Capacity. Lack of mental capacity is also referred to as mental incompetence.
  • Undue Influence.
  • Fraud.
  • Duress.
  • Menace.
  • Mistake.

What is Benjamin order?

A Benjamin Order is a court order to distribute the estate in a certain way. In the case of missing beneficiaries, the order could be to pay out the estate to those beneficiaries who have been located.

What is the mischief of the beneficiary principle?

(1) The strong version of the beneficiary principle says that a non-charitable trust cannot exist unless there are one or more identified individuals who have a beneficial interest in the trust property.

What are the consequences of uncertainty of a trust?

If the identity of the trust property is not certain, the trust cannot be attached to any property. Therefore if part of a property is to be held on trust for a beneficiary, and the identity is uncertain, the trustee will obtain the property absolutely.

What are the three certainties of a valid trust?

In order to establish a trust, three elements are necessary: first, there must be a manifestation of intent to create a trust by the settler; second, there must be property that is held by the trustee (the trust “corpus” or trust “res”); and, third, there must be an identified beneficiary or charitable public purpose …

What makes a trust void?

Who can void a trust? Under California Probate Code §17200, a trustee or beneficiary of a trust may petition the court to determine the existence of the trust. This means that any potential, current, or previous beneficiary can file a petition to void a trust, as can a trustee or co-trustee.