Ottaway v Norman [1972]

Key Notes

• Brightman J's Suggestion: In Ottaway v Norman, Brightman J suggested that a trust could be upheld even when its subject matter is uncertain, particularly in cases involving secret trusts.

• Uncertainty in Application: However, there is some doubt about whether this statement applies broadly to all trusts or is limited to the specific context of secret trusts.

• The case suggests that while a trust with uncertain subject matter might be upheld in certain circumstances, the general application of this principle remains unclear and open to further scrutiny.