McPhail v Doulton (1971)
Created by 121.1.18.237 on 3 November 2009, at 10:28
From Law wiki, the wiki for law research[1970] AC 424 HL (also known as Re Baden's Trust Deeds). A settlement created a discretionary trust to be applied for the benefit of '...officers or employees or ex-employees' of a particular company, and their families. It was argued that such a trust should fail for insufficient Certainty of objects, it not being possible to make a complete list of beneficiaries. The House overruled Irc v broadway cottages trust (1955) on this point, holding that having different tests for certainty in mere powers and discretionary trusts was '...arbitrary, illogical, and embarassing...'. It therefore remitted the case back to the Chancery Division, to reconsider on the basis of a different test for certainty.
Trust Law article
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