inland revenue commissioners v broadway cottages trust 1955 ch 20
It states that if there are any potential beneficiaries who the trustees are not certain of, or the trustees cannot compile a complete list, the trust is void for uncertainty.
Three certainties
The test for fixed trusts is that the trustees must be able to give a complete list of the beneficiaries, as laid down in "IRC v Broadway Cottages". If there are any potential beneficiaries who the trustees are not certain of, or the trustees cannot compile a complete list, the trust is void for uncertainty.
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Three certainties [SEP] Certainty of objects
The leading test of certainty of objects here is also the "any given postulant test", applied to discretionary trusts in "McPhail v Doulton". The courts attempted to mitigate this test in "Re Baden's Deed Trusts (no 2)"; however, all three judges of the Court of Appeal gave separate reasons. Stamp LJ had an approach based entirely on the facts, with no greater impact on certainty of objects. Sachs LJ took the approach that the burden of proof was on the claimants to prove they were beneficiaries, not on the trustees to prove the trust was valid. Megaw LJ, however, took the approach that a trust could be valid, even with uncertain beneficiaries, if there was a "core number" of beneficiaries who were certain.