What are the tests to determine the certainty of objects?
There are a few tests to determine the certainty of objects. The identify of who exactly are the beneficiaries for a fixed trust must be clear so that the trustees can allocate the wine collection precisely. This is known as the ‘complete list test’. This does not have to be completed when the trust is created. For fixed trusts, the test of certainty can differ on whether the condition is subsequent or precedent. A condition subsequent means that the beneficiary is no longer entitled to the wine collection, there must be certainty as to the condition from the onset of the trust, for a condition precedent, this must be satisfied before the wine collection is distributed, it will be binding if only one individual satisfies the condition. Within a discretionary trust, the certainty of objects is an important clarification so that trustees know who to consider when distributing the trust of property.