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#certainties #equity #law
There is no uncertainty of subject-matter if the means for determining it are laid down, e.g.:
  • Trustees are given a discretion to determine the beneficial interests; or
  • It is possible to apply the maxim ‘equality is equity’; or
  • Settlor lays down an effective determinant as in Re Golay.
Note that ‘the residue’ of an estate is ascertainable, and therefore certain.
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