LW232 Lecture Notes - Lecture 1: Administrative Appeals Tribunal, Isaac Isaacs, Equitable Remedy
Document Summary
Issue: was this class of potential beneficiaries lacking in sufficient certainty in order for the trustees to operate their power: held: the house of lords held that this clause was sufficiently certain. Issue: was the trust void in relation to the class of potential beneficiaries not being sufficiently certain: held: the lordships of the house of lords agreed that this was a trust power and it was valid. Accordingly a trust power will be valid if it can be said with certainty whether a given postulant is or is not a member of the range of objects. The court"s main role is to give effect to the intention of the settlor. Also suggested that a trust might fail where the definition of beneficiaries was so hopelessly wide as not to form. Anything like a class" so that the trust was administratively unworkable.
