#certainties #equity #law
In the case of a class gift, this test is sometimes referred to as the ‘class ascertainability test’ because it must be possible to ascertain who all the members of the class are. For example, ‘to all my grandchildren living at my death’ – it is possible to list all the grandchildren; (if the existence or whereabouts of a particular grandchild cannot be ascertained, the trust is still valid as the court may make an appropriate order as to the distribution of the trust fund).
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