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Certainty of Objects in a discretionary trust watch

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    Hi All,

    It's been approx 4 years since I did trust law, and I confess I am a little rusty on it - I'm hoping you may be able to help:

    If a trust document lists the class of beneficiaries of a trust as "anyone, with the agreement of all the trustees". Would it fail for lack of certainty? Could anyone point me in the direction of case law that may help me understand a little better?

    My initial thoughts are that it might not fail straight away - for example if the trustees had gone on to name one or more beneficiaries. HOwever, I don't have any sound legal basis for this thought....
 
 
 
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Updated: January 5, 2013
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