... is controversial is the certainty of the objects (beneficiaries). What is controversial is the certainty of the objects (beneficiaries). This will render a trust void; the test for certainty of objects within discretionary trusts was established in Mcphail v Doulton5. It must be said with certainty that 'any given postulant' (individual) is or is not a member of the class 'avid science fiction fans.' This must apply to all individuals. It can inferred however that it maybe uncertain who is an avid science fiction fan. How much interest is needed to become an avid fan? E.g. is it essential for potential beneficiaries to have watched star wars, or attended a majority of science fiction events. It would be very hard to distinguish 'who is and who is not' an avid fan. As a result the trust will be void. Alternatively, in Re Baden (No 2)6 it was suggested that the onus ...

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