IRC v Broadway Cottages [1955]

IRC v Broadway Cottages [1955]

Key Notes

• Facts: The case dealt with the certainty of beneficiaries in discretionary trusts. The court ruled that a list of beneficiaries must be complete and clear for a discretionary trust to be valid.

• Requirement of List Certainty: The decision emphasised the need for certainty in the list of potential beneficiaries in a discretionary trust.

• Overruled in McPhail: The strict requirement for a complete list of beneficiaries was later overruled in McPhail v Doulton (1971), which introduced a more flexible test for certainty of objects in discretionary trusts.