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The three certainties
A trust will be valid only if the three certainties are present i.e. certainty of words, certainty of subject, and certainty of objects. 1. Certainty of words
2. Certainty of subject matter
However there is no uncertainty in the following cases:-
3. Certainty of objects
The objects of a trust must be certain i.e. a trust will only be valid if it can be said with any certainty that any given individual is or is not a member of the class of beneficiaries. Generally, trusts which fail to meet this requirement are void for uncertainty.
Charitable trusts constitute an exception to this rule. However, such trusts do fail if the gift in not exclusively for charitable purposes (Re Astor's Settlement Trusts).
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