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

Citation

Dal Pont, GE, 'Fault lines' in certainty of object for private trusts: 'none the worse for it'?, Adelaide Law Review, 40, (3) pp. 667-694. ISSN 0065-1915 (2019) [Refereed Article]


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Copyright Statement

Copyright 2019 The University of Adelaide

Official URL: https://law.adelaide.edu.au/system/files/media/doc...

Abstract

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.

Item Details

Item Type:Refereed Article
Keywords:trusts, certainty, beneficiaries
Research Division:Law and Legal Studies
Research Group:Private law and civil obligations
Research Field:Equity and trusts law
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the law
Objective Field:Justice and the law not elsewhere classified
UTAS Author:Dal Pont, GE (Professor Gino Dal Pont)
ID Code:139560
Year Published:2019
Deposited By:Law
Deposited On:2020-06-22
Last Modified:2020-07-22
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