CERTAINTY AND CHARITY RECENT DEVELOPMENTS IN THE LAW OF TRUSTS

Abstract

Recent litigation seems to signal that English developments in the law of trusts will be applicable to Canadian analysis in the future. The first development involves a new test for certainty of objects of trust powers contained in a private trust, and the second removes the public benefit requirement from charitable trusts for the relief of poverty. This article considers Canadian decisions applying these developments, as well as further points raised in the process: the requirement that a valid charitable trust must be for purposes exclusively charitable, the circumstances in which a court will execute a charitable trust by means of a scheme cy-pres and the effect of uncertainty of object. The author argues there are sound functional reasons for the application of these principles.