an initial failure, At common law, there was an initial failure of a charitable purpose only if it was impossible to apply funds for the identified charitable purpose, The Charities Act s.62 (previously Charities Act 1960 s.13) has expanded on the common law position e.g. Delegation can cure conceptual uncertainty (majority of Lord Denning MR and Eveleigh LJ). . It has taken me five years to get justice, and for society to send Stephen Coxen a message that what he did was wrong, she said. uso performers vietnam. Simple and digestible information on studying law effectively. He told the court he was unemployed, and the legal aid board will claw back any payments from Coxen to cover the cases legal costs, with the remainder only then going to Miss M. Sandy Brindley, of Rape Crisis Scotland, said the rate of prosecutions and convictions for rape in Scotland was very low because of the need in Scottish trials for corroboration and the availability of not proven verdicts. Limited Civil case information may not be available between 7/29 and 7/31 due to a major system upgrade. The beneficiaries of a trust may be identified in four ways: If the trust names the individuals (i.e. 2.I or your money backCheck out our premium contract notes! 2023 Digestible Notes All Rights Reserved. Lecture made by professor explaining basic concepts of Property Law. There are four categories of uncertainty that can affect the validity of a trust: conceptual uncertainty, evidential uncertainty, ascertainability and administrative unworkability. The case status is Pending - Other Pending. Lack of certainty of objects or administrative unworkability where there is a declaration of Swierkiewicz [v. Sorema, N.A., 534 U.S. 506, 5 12-13 (2002)] and [the Federal Rules] are inapplicable.'" . One new video every week (I accept requests and reply to everything!). Secondly, the usual rule focuses on the opportunity to benefit from the purpose, The fact that selection is involved in determining who will benefit from a purpose does not prevent that purpose from benefiting a section of the public, provided the selection process is open to all who could benefit from the purpose, E.g. re coxen case summary. This eBook is constructed by lawyers and recruiters from the world's leading law firms and barristers' chambers. Re Coxen [1948] Ch 747 Re Wright's Will Trusts [1981] LS Gaz 841 Re Leek [1969] 1 Ch 563. b. Megaw LJ Relatives is conceptually certain. Rape Crisis Scotland wants not proven verdicts to be abolished. because the courts assessment of whether on balance the purpose is beneficial may change = subsequent failure of charitable purpose, iii. Another situation is where the non-charitable element is merely incidental to the main chariatable purpose e.g. IRC v Broadway Cottages Trust [1954] 1 All ER 878, [I]t must be possible to identify each member of the class of beneficiaries. beneficiary or beneficiaries have been described with precision They appealed against the judgment but lost. re coxen case summary. Held: The court found a detriment in this case (unlike the other two cases) of banning animal testing this was the loss of medical progress that would otherwise be achieved through animal testing. The property will be held on RESULTING TRUST. Miss M is not expected to receive much or any of the 80,000 damages, assuming Coxen is able to pay them. The requirement has relaxed in certain situations such as in the case of Re Coxen (1948) where the inclusion of non-charitable element was allowed as it facilitated the performance of the trusts purpose. 2022. junho. Digestible Notes was created with a simple objective: to make learning simple and accessible. However, conditions subsequent may be conditions of defeasance e.g. Case Summary: Taylor, Douglas D. 2021. Re Coxen [1948] Ch 747 Re Coulthurst [1951] Ch 661; Re Coxen [1948] Ch 747 ; Re Gwyon [1930] 1 Ch 255; Re Hopkins [1965] Ch 669; Re Koeppler [1984] Ch 243; Re Shaw [1958] Re South Place Ethical Society [1980] 1 WLR 1565; . Miss M, who now works at St Andrews University, began her legal action against Coxen before it emerged that two Scottish footballers, David Goodwillie and David Robertson, were being sued for damages for rape by a woman called Denise Clair, who waived her right to anonymity to help publicise her case. question is whether the trustees are able to find and give the Re Hays Settlement Trust [1981] 3 All ER 193. However, it's good to briefly state that if it were successful, the xx following tests should be satisfied; . powers of appointment. Brindley said civil actions were being considered by other women who wanted to be vindicated and for their experiences to be recognised. The key word is and, whereas the other two cases used the word OR, There are, however, two ways in which the demand for exclusively charitable purposes is mitigated, If a trusts non-charitable purpose is incidental to its main, charitable purpose, the trust will be held charitable after all, In order to be incidental, the non-charitable purpose must be a by-product of the main, charitable purpose, See the cases of Re Coxen [1948] and Re South Place Ethical Society [1980], The court may be able to sever a fund which has a mixture of charitable and non-charitable purposes into two parts: one part comprising exclusively charitable purposes, and the other part non-charitable purposes, The part comprising exclusively charitable purposes can then be a valid charitable trust, Severance is possible only when the trust instrument contemplates a division and the money to be applied to each part can be quantified (Re Coxen [1948]), In Salusbury v Denton (1857) a trust was established in part to found a school/provide for the poor, the remainder to benefit the testators relatives. therefore possible to say of each individual whether they are or are not a member are named (and the trustees only have discretion as to the proportions each may receive. There may be a failure of a charitable purpose from the outset, before the charitable trust has even come into existence i.e. FREE courses, content, and other exciting giveaways. re coxen case summary. IMPORTANT:This site reports and summarizes cases. out insurance. We do not provide advice. Research Methods, Success Secrets, Tips, Tricks, and more! By the principle established in Saunders v Vautier, in the case of a bare trust or a fixed trust, the beneficiaries, acting together, can direct the trustees to transfer the trust property to them. Re Tuck's Settlement Trusts [1978] Ch 49 e. 'of the Jewish faith' with the decision of the Chief Rabbi in London to be conclusive. Medicine Community Feedback and Suggestions. 747 Where a class defined by settlor is potentially uncertain, the settlor may attempt to rescue the trust from uncertainty and invalidity by providing that uncertainties are to be resolved conclusively by a named 3rd party or by the trustees themselves. 747-Unfettered discretion as though 3rd parties. CARRY ON. say there is a purpose of sending 12 disadvantaged children on holiday some selection will be involved in determining which 12 children will actually get to benefit from the holiday, but this wont prevent the purpose from benefiting a section of the public, provided that the selection process is open to all who could benefit from the purpose (i.e. Tel: 0795 457 9992, or email david@swarb.co.uk, Malone, Malone, Goldstein v Bircham and Co Nominees (No 2) Ltd, Stowell, Visortuning Ltd: ChD 19 Dec 2003, Northumbria Police (Decision Notice): ICO 14 Oct 2010, British Airways Plc v British Airline Pilots Association: QBD 23 Jul 2019, Wright v Troy Lucas (A Firm) and Another: QBD 15 Mar 2019, Hayes v Revenue and Customs (Income Tax Loan Interest Relief Disallowed): FTTTx 23 Jun 2020, Ashbolt and Another v Revenue and Customs and Another: Admn 18 Jun 2020, Indian Deluxe Ltd v Revenue and Customs (Income Tax/Corporation Tax : Other): FTTTx 5 Jun 2020, Productivity-Quality Systems Inc v Cybermetrics Corporation and Another: QBD 27 Sep 2019, Thitchener and Another v Vantage Capital Markets Llp: QBD 21 Jun 2019, McCarthy v Revenue and Customs (High Income Child Benefit Charge Penalty): FTTTx 8 Apr 2020, HU206722018 and HU196862018: AIT 17 Mar 2020, Parker v Chief Constable of the Hampshire Constabulary: CA 25 Jun 1999, Christofi v Barclays Bank Plc: CA 28 Jun 1999, Demite Limited v Protec Health Limited; Dayman and Gilbert: CA 24 Jun 1999, Demirkaya v Secretary of State for Home Department: CA 23 Jun 1999, Aravco Ltd and Others, Regina (on the application of) v Airport Co-Ordination Ltd: CA 23 Jun 1999, Manchester City Council v Ingram: CA 25 Jun 1999, London Underground Limited v Noel: CA 29 Jun 1999, Shanley v Mersey Docks and Harbour Company General Vargos Shipping Inc: CA 28 Jun 1999, Warsame and Warsame v London Borough of Hounslow: CA 25 Jun 1999, Millington v Secretary of State for Environment Transport and Regions v Shrewsbury and Atcham Borough Council: CA 25 Jun 1999, Chilton v Surrey County Council and Foakes (T/A R F Mechanical Services): CA 24 Jun 1999, Oliver v Calderdale Metropolitan Borough Council: CA 23 Jun 1999, Regina v Her Majestys Coroner for Northumberland ex parte Jacobs: CA 22 Jun 1999, Sheriff v Klyne Tugs (Lowestoft) Ltd: CA 24 Jun 1999, Starke and another (Executors of Brown decd) v Inland Revenue Commissioners: CA 23 May 1995, South and District Finance Plc v Barnes Etc: CA 15 May 1995, Gan Insurance Company Limited and Another v Tai Ping Insurance Company Limited: CA 28 May 1999, Thorn EMI Plc v Customs and Excise Commissioners: CA 5 Jun 1995, London Borough of Bromley v Morritt: CA 21 Jun 1999, Kuwait Oil Tanker Company Sak; Sitka Shipping Incorporated v Al Bader;Qabazard; Stafford and H Clarkson and Company Limited; Mccoy; Kuwait Petroleum Corporation and Others: CA 28 May 1999, Worby, Worby and Worby v Rosser: CA 28 May 1999, Bajwa v British Airways plc; Whitehouse v Smith; Wilson v Mid Glamorgan Council and Sheppard: CA 28 May 1999. In other words, a trust will be void if the objects of that trust (meaning, the beneficiaries of that trust) are uncertain, A group defined by a description e.g. To the many, many others who find themselves in a position like this: speak up. IRC v Broadway Cottages & Lord Upjohn in Re Gulbenkian. Re Benjamin [1902] 1 Ch 723, Ascertainability: whereabouts and existence of individual beneficiaries the Lists of cited by and citing cases may be incomplete.if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[300,250],'swarb_co_uk-medrectangle-4','ezslot_4',113,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-4-0'); Updated: 13 December 2021; Ref: scu.510141. the positive impact which religious doctrine has on the public at large, A religious purpose thus satisfies both elements of public benefit in the same way viz. When was the last time you changed clothes? texas rule of civil procedure 99. largest staffing companies in the us 2021; moorabool news editor; romaji practice sentences; menards swing set accessories; what city produces the most nfl players; increment counter in react js. it is impossible to prove as a question of fact whether or not a beneficiary falls within a class, Generally, trust wont fail for evidential uncertainty (Mr Vinelott in Re Baden (No2)), but will usually fail for conceptual uncertainty, See the case of Re Badens Deed Trusts (No 2) [1973]. June 14, 2022; Facts: A fund was set up for a newly widowed women and the orphans of deceased bank offices. There are two problems with this judgment: 1) Although it was not part of the ratio, it is clear that a majority of the House of Lords held, in Clayton v Ramsden, that Jewish faith was not sufficiently certain to be a condition subsequent or of defeasance. Are you allowed to take tracing paper into the Maths GCSE? A power cannot be uncertain merely because it is wide in ambit, Powers cannot be invalid for administrative unworkability, but capricious powers are invalid, Clause 4 of a settlement conferring power gave trustees the discretion to add new beneficiaries, other than a small excepted class, It was argued that the power, as an immediate power which, The mere width of a power cannot make it impossible for trustees to perform their duty nor prevent the court from determining whether the trustees are in breach., Lord Wilberforce spoke of a third class of trusts that are invalid as they are so hopelessly wide as not to form anything like a class so that the trust is administratively unworkable, but this does not apply to powers where the court has a more limited function and does not need to execute and administer, A power to benefit residents of greater London is invalid, it is an accidental conglomeration of persons who have no discernible link with the settlor or with any institution, Powers that limit beneficiaries to a class of people are referred to as special powers. So, for a trust where the property is left for the benefit of the testators wife during her lifetime and thereafter to be divided equally between the testators children, it must be possible to say who the testators children are. Benjamin order allowing them to distribute to other beneficiaries or otherwise must take Simple and digestible information on studying law effectively. a process in the weather of the heart; marlin 336 white spacer replacement; milburn stone singing; miami central high school football; horizon eye care mallard creek Re Coxen 1948: A non-charitable purposes which is linked to the overall charitable aims of a trust will be more likely to be acceptable. We believe that human potential is limitless if you're willing to put in the work. You will need to use these forms when you file your case. fishermans market flyer. Therefore, beneficiaries can only complain if a, Note that the law has now changed for discretionary trusts: McPhail v Doulton provides the current law, An example of fiduciary mere power would be the trustee may advance 1,000 to X as opposed to an example of a trust obligation which might read the trustee shall pay 1,000 to X annually), In the former case, the trustee is able to pay 1,000 but is under no compulsion to do so, whereas the second example compels the trustee to pay 1,000 to X, Lord Upjohn: the Trustees or the Court must be able to say with certainty who is within and who is without the power, So as a general rule the court will not uphold a condition of defeasance unless the condition is sufficiently certain and unambiguous. . each and every purpose falls within s.3(1) and is for the public benefit: Charities Act s.2), So a trust which has a mixture of charitable and non-charitable purposes is not a charitable trust, Chichester Diocesan Fund v Simpson [1944]: the trust was not limited to charitable purposes but extended also to benevolent purposes. and with a meaning that is objectively understood. 2. Equity and Trusts notes for 2nd year. Facts: A trust was established for the purpose of publishing the writing of an author who claimed to be pregnant by the holy ghost. Despite the is or is not test allowing there to be a more flexible pool of beneficiaries, there are some uncertainties which mean that the discretion/power will be void: FOOL-PROOF methods of obtaining top grades, SECRETS your professors won't tell you and your peers don't know, INSIDER TIPS and tricks so you can spend less time studying and land the perfect job. Re Badens Deed Trust (No) [1973] Ch 9. Copyright The Student Room 2023 all rights reserved. Evidential certainty: practical certainty enabling proof of entitlement the question Microeconomics - Lecture notes First year. With a power, the trustees may exercise their power i.e. Apart from bedtime, how much time do you spend in your bedroom? where the trustees have to use all the trust property for the benefit of a fixed class of individuals (in other words, an exhaustive discretionary trust is a trust where trustees must allocate all the property and cannot retain any of it) - then those individuals, if all of them act together, may invoke the Saunders v Vautier principle. Re Le Cren Clarke (1995), ICLR . a class of people) would only really take effect as a charitable trust for the benefit of the public or section thereof, The 2nd and 3rd class are therefore the issue. . Home. provided that all disadvantaged children can apply for a place on the holiday), Restricting the opportunity to benefit to the inhabitants of a certain locality will often be reasonable e.g. So: But what is an unreasonable restriction? re coxen case summary. Expert solutions. Administration of Justice Act 1982: With wills or trusts created by wills, you may now use extrinsic evidence to determine testators subjective intent where a will is ambiguous, If you are left a gift in the will but the deceased sold that property before he died, the gift will fail, In Re Slater, the deceased had got rid of his shares in a water company before he died so the testamentary gift failed. The charitable purpose becomes impossible to achieve; or, E.g. The case was unusual because Mr Coxen had previously. The House of Lords held the ratio in Clayton v Ramsden [1943] had not said Jewish faith was too uncertain and they compiled external evidence, in line with Re Tuck's Settlement Trusts [1978] to determine what the settlor had meant by Jewish faith, In Marley v Rawlings [2014] Lord Neuberger said that when construing contracts' subjective evidence of any partys intention is not to be taken into account and, subject to the Administration of Justice Act 1982, the same rule applies to wills. Caso Walmart vs Kmart - RESUMEN DEL TEMA DE LOGISTICA DE OPERACIONES - DSM-5. The other two judges had looser approaches to evidential uncertainty and thus could adopt . Case Summary: Lin, Yibin. Uncertainty may be conceptual what is a young person or evidential who was an employee of a company at a certain date. . In the fields of social science, business, and research, these situations are called case studies. Case Summary: Wang, Ya. Digestible Notes was created with a simple objective: to make learning simple and accessible. This eBook is constructed by lawyers and recruiters from the world's leading law firms and barristers' chambers. slice of life by larry alcala explaining artist roles slice of life by larry alcala explaining artist roles This enabled him to declare that his strict test for evidential certainty was met. 2.I or your money backCheck out our premium contract notes! 4. Lord Wilberforce gave example of an administratively unworkable trust as one for all residents of Greater London but not one for relatives - McPhail v Doulton [1971], In R v District Auditor, ex parte West Yorkshire Met CC (1985) a trust for West Yorkshire was held to be administratively unworkable, so the power was consequently void. Best uni for MSc in Marketing - Bath, Warwick, Durham, Birmingham, Bristol, Exeter? Q1 - Write a summary about your future Higher Education studies by answering the following questions. Conceptual uncertainty 'refers to any inherent semantic ambiguity in the words used to define a class of objects' [2]. Stamp LJ Relatives can be treated as next of kin and is conceptually certain. McPhail v Doulton [1971] administratively unworkable. Judgement for the case Re Rose. . Templeman J. Re Pinochet Case Summary. De facto (e.g. they have advertised their intention to do so in the press for a specified time. Before making any decision, you must read the full case report and take professional advice as appropriate. Official Dental Hygiene and Therapy (Oral Health Science) 2023 Entry Thread, Official: Keele University A100 2023 entry, Nottingham or Sheffield - BEng Mechanical Engineering, MPhil Economics/Economic Research Cambridge 2023, What is the benefit of going to an 'elite' university. Comprehensive - Equity and the Law of Trusts - Past Exam. court can decree specific performance. (Sir William Grant MR) "Conceptual uncertainty" is where the language is unclear, something which leads to the trust being declared invalid. . The proceeds of this eBook helps us to run the site and keep the service FREE! defined by a class. 806 8067 22 Registered Office: Imperial House, 2nd Floor, 40-42 Queens Road, Brighton, East Sussex, BN1 3XB, Taking a break or withdrawing from your course, http://www.thestudentroom.co.uk/showthread.php?t=1962893, 2023 entry A100 / A101 Medicine fastest and slowest offer senders. Every trust must have a definite object. Learn how to effortlessly land vacation schemes, training contracts, and pupillages by making your law applications awesome. It is Trustees need only distribute to those beneficiaries of whom they have notice, provided Understand the meaning of conceptual and evidential certainty and why administrative Subjects. In an 84-page ruling, the sheriff said he found that soon after 2am on Saturday 14 September 2013 the defender took advantage of the pursuer when she was incapable of giving meaningful consent because of the effects of alcohol, but he continued to do so even after she manifested distress and a measure of physical resistance, and that he raped her. Master Technology Case Study Summary Example. ), e. to X, Y and Z in such proportions as my trustees may decide, e. a power to distribute to X, Y or Z if necessary. Understand the consequences of lack of certainty of objects, 1. transferred to trustee inter vivos. to the members of a particular family (Re Compton [1945]) or to the employees of a particular employer (Oppenheim v Tobacco Securities Trust [1951]), Lord MacDermott dissented in Oppenheim he doesn't like how some restrictions on the opportunity to benefit are permissible where others are not, and suggest an alternative test arguing that sufficient section of the public should be a matter of degree, to be determined by conducting a general survey of the circumstances and considerations regarded as relevant, On this test, he held the trust in Oppenheim to benefit a sufficient section of the public his judgment as a whole shows what he is ultimately interested in is whether the purpose benefit the public or whether it is aimed at a collection of private individuals, The last point to elaborate on with regards to the public aspect of the public benefit test is whether the poor can be excluded and the public aspect nonetheless satisfied, Poverty is not the same as destitution; it embraces those who do not have access to things which most people take for granted, Thus in ISC v Charity Commission the Upper Tribunal held that people count as poor if they are of moderate means; not very well off (ISC v Charity Commission [2012]]). Understand the requirements for certainty of objects for discretionary trusts So: The distinction ensures the benefits of charitable status do not extend to private trusts, It may be that the laws approach to poverty purposes is best understood not as an amendment to the usual rule on what constitutes a section of the public but rather as an acknowledgment that such purposes benefit the public in general, On this account, poverty purposes, like religious purposes, do not engage the rules on what constitutes a section of the public, Where the purpose in question is to advance education, the opportunity to benefit can be unreasonably restricted in some ways, but not in others, The opportunity to benefit may be restricted by locality, parental occupation or religion, The opportunity to benefit may not be restricted by reference to a personal nexus i.e. The Los Angeles Superior Court declares that information provided by and obtained from this site, intended for use on a case-by-case basis and typically by parties of record and participants, does not constitute the official record of the court. Choice between SOAS UNIVERSITY OF LONDON AND QUEEN MARY UNIVERSITY, LONDON, (Law) Misrepresentation: Difference between negligent & fraudulent misrepresentation, OCR A Level Law Paper 2 The legal system and criminal Law H418/01 - 6 Jun 2022, AQA A Level Law Paper 2 7162/2 - 13 Jun 2022 [Exam Chat], OCR A Level Law making and the law of tort H418/02 - 13 Jun 2022 [Exam Chat]. Lord Atkin said the condition subsequent here was void for uncertainty and therefore the daughter could benefit from the trust, Note that the provision that uncertainty could be resolved by reference to an external third party was included in the trust instrument; This case is not authority for a general or implied power to refer questions to any third party to resolve uncertainty of condition. Facts: Money was settled on trust for the purpose of supporting a community of cloistered nuns. Re Barlows Will Trusts [1979] 1 WLR 278 Not proven is one of three options available to a jury or court along with guilty and not guilty. The purpose is fulfilled, leaving a surplus of funds, So you do not look for general charitable intent like where there is initial failure. The situation that is caught by this form of uncertainty is where the meanings of the words used in the trust are unclear/vague (Re Sayer 1957), So words will be conceptually uncertain if the exact meaning of the definition used contains any linguistic or semantic uncertainty, if in other words it is impossible to say what the words in question actually mean e.g. This eBook is constructed by lawyers and recruiters from the world's leading law firms and barristers' chambers. e. any friends of mine, Lack of evidential certainty will normally only lead to the failure of fixed trusts. We believe that human potential is limitless if you're willing to put in the work. The court is not concerned with whether donors genuinely wished to relieve poverty, sought eternal sanctuary, desired posthumous immortality, or prevent their next of kin benefiting from their estate. N. It is unlikely that the principle of administrative unworkability would apply to powers of That was the view of Whitford J., and I agree with it. The Student Room and The Uni Guide are trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. par | Juin 16, 2022 | park hyung sik and park seo joon are brothers | hamiltonian path greedy algorithm | Juin 16, 2022 | park hyung sik and park seo joon are brothers | hamiltonian path greedy algorithm The Public Aspect of Charitable Trusts and Cy-Prs. ), Principles of Anatomy and Physiology (Gerard J. Tortora; Bryan H. Derrickson), Criminal Law (Robert Wilson; Peter Wolstenholme Young), Rang & Dale's Pharmacology (Humphrey P. Rang; James M. Ritter; Rod J. they must distribute/divide the property property and exercise their discretion. It is only by telling these stories we can exert the pressure that is so clearly needed to improve our criminal justice system.. they are obliged to exercise the discretion), The test for certainty of objects in respect of discretionary trusts is the is or is not test, In McPhail v Doulton [1971] it was said that with a discretionary trust the trustees must exercise their discretion i.e. The proceeds of this eBook helps us to run the site and keep the service FREE! states that Coxen Hole should be avoided after dark. A Notice of Reference dated 27 January 2011 was made by Her Majesty's Attorney General following concerns expressed by the Charity Commission that the Charities Act 2006 (2006 Act) had cast doubt on the continued charitable status of certain charitable trusts. Working together for an inclusive Europe. 41 victor street, boronia heights; what happened to clifford olson son; frank lloyd wright house for sale; most nba draft picks by college in one year The trust was severed into two parts, the first of which was a valid charitable trust, When a private trust fails, remaining funds revert to the settlor on resulting trust; when a charitable purpose fails, remaining funds may instead be applied cy-prs, Funds which are applied cy-prs are directed by the court or Charity Commission to a charitable purpose analogous (i.e. the test for validity is whether or not the trust can be executed by the court, beneficiary or beneficiaries have been described with precision. Deprotonation and pKa: How can pKa = pH if an acid has an odd number of hydrogens? Curing evidential uncertainty? My children / Students at Oxford university, An organisation or association e.g. The proceeds of this eBook helps us to run the site and keep the service FREE! Case Summary: Sun, Hui Bin . Young people / Residents of Oxfordshire, With a fixed trust, it is, and always has been, that a trust is void unless it is possible to ascertain every beneficiary (list test), With a discretionary trust and powers, the House of Lords decided in McPhail v Doulton that the test was: can it be said with certainty that any individual is or is not a member of the class? friends of settlor / pure-Englishman / good customers / young person, So, if it is be impossible to be certain of the concept, the trust fails (Re Baden No 2), Evidential uncertainty refers not to the meaning of the words involved, but rather to the question of whether or not the claimant can prove that she falls within the class of beneficiaries i.e. The Court, applying the old law, used the list test; the trustee therefore compiled a list (although probably impossible in the circumstance), so the court held the trust to be valid, In McPhail v Doulton [1971] a trust was made in favour of employees or ex-employees of the Company or any of their relatives. the is or is not test is used to determine whether or not a trust fails for uncertainty of objects, Re Gulbenkians Settlement [1970]: Lord Wilberforce said a power simply gives the holder the ability to exercise that power without any obligation to do so, The case established a test which we shall refer to as the is or is not test, which means that the trustees must be able to decide whether any hypothetical beneficiary is or is not within the class of objects.

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