In re Exeter Settlement v [2010] JLR 169 (21 January 2010)

In re Exeter Settlement v [2010] JLR 169 (21 January 2010)

A trust is void for uncertainty if there are no beneficiaries, and the mere existence of a power to add beneficiaries does not provide the necessary certainty.

Citation
[2010] JLR 169
Parties
Applicant: Exeter Settlement
Jurisdiction
Jersey
Judgment Date
21 January 2010
Procedural Posture
Trusts / Judgment
Outcome
Trust declared void for uncertainty of beneficiaries.
Legal Topics
Certainty of Beneficiaries, Void Trust, Powers of Addition
Trusts Certainty of Beneficiaries Void Trust Powers of Addition

Case Brief

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Parties

Exeter Settlement

Applicant

Procedural Posture

Trusts / Judgment

Legal Issues

  1. 1 Whether a trust is valid if there is no certainty as to beneficiaries
  2. 2 Whether a power to add beneficiaries can cure lack of certainty

Ratio Decidendi

A trust is void for uncertainty if there are no beneficiaries, and the mere existence of a power to add beneficiaries does not provide the necessary certainty.

Court Disposition

Trust declared void for uncertainty of beneficiaries.