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Can arbiters resolve conceptual uncertainty regarding trust beneficiaries?

Wilde, D. (2019) Can arbiters resolve conceptual uncertainty regarding trust beneficiaries? Trust Law International, 33 (4). pp. 174-185. ISSN 09622624 (In Press)

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Abstract/Summary

Argues that a settlor can appoint an arbiter to rule on any “conceptual uncertainty” affecting the description of a class of trust beneficiaries, thereby validating the trust: because “evidential certainty” can, in principle, resolve “conceptual uncertainty”. The case law is reviewed, to argue that this approach can be justified by their stated principles and the logic underlying them. (This purports to answer a question regularly debated in textbooks.)

Item Type:Article
Refereed:Yes
Divisions:Faculty of Arts, Humanities and Social Science > School of Law
ID Code:88611
Publisher:Bloomsbury Professional

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