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?
‘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.
Certainty of Object watch
- Thread Starter
- 29-01-2015 12:30