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In McPhail v Doulton, the previously applied principle of equal division of trust property in the event of default by the trustees was rejected. A settlor’s intention in creating a trust power is not to benefit the beneficiaries equally, it is actually to authorise unequal treatment of the beneficiaries, whether on the basis of need, qualifications or some other criterion.
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McPhail v Doulton (1971) overruled Broadway Cottages with the test for certainty of object for discretionary trusts determined as “can it be said with certainty that any given individual is or is not a member of the class?”.
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MCPHAIL V DOULTON ESSAY. This is one characteristic of the English common law system and it is not necessarily a bad thing. Administratively unworkable A trust may be rendered void if it is so wide that it is administratively unworkable. Equity and Trusts Critically evaluate the test for certainty of objects in the law of trusts and assess.