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The three certainties required to declare a trust – or is it four? "Distributional certainty"

Wilde, D. (2020) The three certainties required to declare a trust – or is it four? "Distributional certainty". Cambridge Law Journal, 79 (2). pp. 349-359. ISSN 0008-1973

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To link to this item DOI: 10.1017/S0008197320000264

Abstract/Summary

This article argues certainty in trusts is better understood by recognising a fourth certainty: “distributional certainty”. Distributional certainty is required in private trusts that involve dividing the property between beneficiaries: their shares must be clear. Distributional uncertainty is not, as usually understood, merely an instance of uncertainty of property: it has differing consequences, special resolution techniques, and may explain “administrative unworkability” in discretionary trusts. Distributional certainty is not required in charitable trusts. But this is not, as usually understood, merely an instance of the rule that charitable trusts do not need certainty of objects: it is an independent proposition.

Item Type:Article
Refereed:Yes
Divisions:Faculty of Arts, Humanities and Social Science > School of Law
ID Code:89259
Publisher:Cambridge University Press

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