Critically evaluate the tests for certainty of objects in the law of Essay

Critically evaluate the tests for certainty of objects in the law of trusts and assess whether developments in the last half century have had a positive or negative impact on the law - Essay Example The assessment of certainty of objects is complex because the test varies between mere powers, fixed trusts and discretionary trusts. The reason for identifying the objects of trust is to ensure that there is a person who can enforce trust against the trustee. Additionally, there must be someone who can bring an action in court in case the responsibilities of the trustee are not achieved. The trust must also have the ability of being executed in that when there is no human persons to benefit from the trust then the concept of trust becomes pointless2. Therefore, when a beneficiary is explicitly named in the trust deed there is no confusion when it comes to the certainty of objects. In cases where a person is not explicitly named in the trust deed, but the trust document provides a description of an individual that should profit from the trust property. Additionally, in case the description is clear and precise that it is a particular person then this prerequisite is satisfied. In a certainty of objects where the trust is made for a set of people for example, ‘my children’ this clause will succeed where it has been established that there is adequate certainty to identify each member of the group/class of people3. When a group of people are not clearly described, defined, or stated in vague terms their meaning can be interpreted using the conceptual uncertainty. Two tests that have been created to establish whether all persons within the group can be clearly recognized. They include the class ascertainability test, which comes into play where trustees make a complete list of each individual that comes within the class of people to benefit from trust. Although the courts do not need to know the entire class in order to decide whether the trustees are selecting within the group, in case the trustees do not do so then it must be said that the trustees are not exercising their duties in case they have