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Words: | Submitted: Mon Dec 22 2003
... that both the property which is to be the subject matter of the trust and the extent of the intended equitable owners' beneficial interests are certain, or at least capable of being rendered certain. This will ensure that the trustee is aware of the precise scope of his or her duties under the trust. Thirdly, there must be certainty of objects in order that the trustee should know in whose favour he or she must perform the trust, so identifying who may apply to the court should the trustee fail in this duty. The precise requirements of certainty of objects vary for different kinds of trusts and powers but, in all cases, a settlor's or testator's failure to define their objects with sufficient certainty will mean that the property is held on resulting trust for the settlor or residuary legatees as in the McPhail v. Doulton [1971] 3 case. This ...
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