A trust only works if the trustees can tell who it is for. The objects are the beneficiaries, and the law insists the settlor describe them clearly enough that the trust can be run and, if needed, enforced. As a solicitor drafting wills and settlements — or advising on one that has already gone wrong — this is where many trusts succeed or fail, so knowing the rules lets you draft with confidence and spot trouble early.
This lesson builds the picture step by step:
- The Requirement — what certainty of objects means and the difference between conceptual and evidential certainty.
- Fixed Trusts — the complete list test and what to do when a beneficiary can't be found.
- Discretionary Trusts — the more forgiving 'is or is not' test and how it works.
- Applying Conceptual Certainty — judging real wording like 'friends', 'relatives' and 'employees'.
- Administrative Workability — when a class is too wide or too capricious to stand.
- Powers of Appointment — how a mere power differs from a discretionary trust.
- Duties and Court Intervention — what trustees must do and when the court steps in.
- Consequences of Failure — where the property goes when a trust fails for uncertainty.