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Distinguishing Trust Types: Fixed vs Discretionary by Raudah Rais is a document available to read on EtoBox.

What is Distinguishing Trust Types: Fixed vs Discretionary about?

This document discusses certainty of object in relation to fixed and discretionary trusts. It summarizes the key cases of McPhail v Doultons and Re Baden Deed Trust(No 2). For fixed trusts, certainty of object requires a full list of beneficiaries. For discretionary trusts, the test is whether it can be said with certainty that any individual is or is not a member of the beneficiary class. McPhail v Doultons established this test. Re Baden Deed Trust(No 2) applied this test to the classes of "dependants"

Author
Raudah Rais
Language
EN