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Three Certainties
Description
The three certainties Mind Map on Three Certainties, created by reashton on 16/04/2013.
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the three certainties
the three certainties
Mind Map by
reashton
, updated more than 1 year ago
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Created by
reashton
over 11 years ago
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Resource summary
Three Certainties
Intention
Import obligation
Comiskey - "in full confidence that she will devise to one or more of my nieces". 2nd part clearly mandatory
But...
Re Adams - "in full confidence" not sufficient.
"Should"?
Wallbank - word merely precatry
Subject matter
Tangiable & Intangiable
London Wine - tangible but no segregation of appropriation
Hunter - intangiable (shares) therefore no need for segregation
Ambiguity
Palmer - "bulk of my estate"
Re Golay - "reasonable income" was still valid
Objects
Fixed Trust
IRC - complete ascertain ability test
Discretionary Trust
McPhail - Test same as MP. Wilberforce: Conceptual, Evidential, Administrative Unworkability
Re Baden - Stamp LJ set requirements to determine conceptual certainty. E.g. certainty if we describe next of kin within statutory definition.
Re Tuck - third party power to decide? should stay within juris or the court
Individual gifts to persons answering a description - Re Barlow it is sufficient if there is at least one person who fits description
Duties
Survey the class, consider and appoint (act in good faith, no improper selection, no capricious, no conflict).
Mere Power
Re Gestener - can it be said of any given person that he or she is or is not object of the power? (objective test)
Re Manisty - capricious = void
Duties
Re Hay - consider whether to exercise, survey range of objects, consider suitability of appointments (fiduciary)
Bare power does not need to be considered. No duties in terms of exercising power. See Mettoy v Pension Fund
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