Certainty of Subject Matter & Object

Certainty of subject matter

A trustee must be able to identify precisely the trust property he is to hold on trust. Doubt as to the quantum may result in the trust failing to satisfy the requirement. In the case Palmer v Simmonds, the word "bulk" show the uncertainty on how much should the property be given to the beneficiary, the court held that it is not sufficiently certain for the purpose to create trust.
Meanwhile, in Sprange v Barnard, the court held that the remaining part was left and it is not sufficiently certain, thus the husband took beneficially. In the case Jackson v Hamilton, the word "reasonable income" can be said as a certainty of subject matter.

Certainty of the Object

-refers to whether the beneficiaries who will receive the benefit can be clearly ascertained.
In the case Morice v Bishop of Durham, it was stated every trust must have definite object. There must be somebody, in whose favour the court can decree performance.
- non-charitable purpose are invalid unless they fall into limited exceptions.