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'Fault lines' in certainty of object for private trusts: 'none the worse for it'?

journal contribution
posted on 2023-05-20, 15:26 authored by Gino Dal PontGino Dal Pont
It is well established that the validity of trusts is grounded in, amongst other things, certainty of object. Courts have developed rules, which function in a binary fashion as 'fault lines', directed to distinguishing objects that are certain from those that are not. At the same time, instances arise that test the boundaries of these lines. This article probes such instances, on the way to revealing that the concept of certainty of object may be more fluid, and indeed less precise, than may have been imagined. And it ultimately raises the question whether the law should be any the worse for this.

History

Publication title

Adelaide Law Review

Volume

40

Pagination

667-694

ISSN

0065-1915

Department/School

Faculty of Law

Publisher

Adelaide Law Review Association

Place of publication

Adelaide, Australia

Rights statement

Copyright 2019 The University of Adelaide

Repository Status

  • Restricted

Socio-economic Objectives

Justice and the law not elsewhere classified

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