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(p. 56) 3. The three certainties and the significance of the ‘beneficiary principle’ 

(p. 56) 3. The three certainties and the significance of the ‘beneficiary principle’
(p. 56) 3. The three certainties and the significance of the ‘beneficiary principle’

Sarah Wilson

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date: 25 February 2020

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter is divided into two parts. The first part focuses on certainty requirements. It discusses the certainty-of-intention requirement; the modern law relating to certainty of intention; a core requirement for satisfying certainty of intention; the modern law on precatory words and the significance of intention; criticism of the modern law on certainty of intention; certainty of subject matter; the certainty-of-objects requirement; and the significance of ‘administrative unworkability’ for the validity of discretionary trusts. The second part of the chapter deals with the beneficiary principle. It discusses the validity of private trusts that are trusts for purposes; other problems with creating valid non-charitable purpose trusts; and attempts to create private purpose trusts that avoid all of these ‘pitfalls’ for validity.

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