The ‘three certainties'

At the end of this chapter, you should be able to:

Define the tests that are applicable to each of the ‘three certainties’

Appreciate the three certainties test as a pre-requisite for a valid declaration of trust

Understand the consequences that follow when a trust fails for lack of each of the certainties

Distinguish between a discretionary trust and a power of appointment

Comprehend the distinctions between linguistic (conceptual), evidential and administrative unworkability

Identify the various judicial approaches to the ‘any given postulant’ test