Certainty of Objects and Beneficiary Principle.
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Certainty of Objects and Beneficiary Principle. The point with the Certainty of Objects is that a trust is only made legal and enforceable if the beneficiaries are clear and obvious. Beneficiaries are recognised as the equitable owners of a trust property, this is since about 1805, prior to this trust property belonged to the trust and the beneficiary was not recognised as the owner. The case of Morice v Bishop of Durham is central to the development of trust law, it hinged on the fact that the beneficiaries of the trust could not be ascertained, the trust was to be a charitable one and the beneficiaries were to be 'charitable or benevolent'. This was held to be too vague and on appeal in 1805 it was decided that not every benevolent purpose could be considered a charity and therefore there was no ascertainable beneficiary. Following this decision limits were put on what...

