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    Hi

    I am having trouble with the test for certainty of object of an express discretionary trust. I understand that the McPhail test must be applied but the case of Baden no.2 doesn't make it clear how to apply it (with the judges having different opinions).

    I have a small segment of a scenario and was hoping that someone could show me how to apply it to the scenario.

    Also how do i go about using the concepts of evidential and conceptual certainty? Am i right that they only apply in relation to Certainty of object?

    Scenario:

    ‘100,000 £10 nominal value ordinary shares in Bealzebub plc (a public company listed on the London Stock Exchange) to be divided amongst such of my colleagues and in such shares as X and Y shall determine, save that K and L must be given 10,000 shares each’. T held 300,000 ordinary shares in Bealzebub plc at the time of his death.

    Thank you.
 
 
 
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