Do English trusts need to pass the any given postulant or complete list tests, or do they not?

Abstract

Abstract This article critiques the ‘any given postulant’ test (widely considered to be the sole test for certainty of objects of discretionary trusts) and the ‘complete list’ test (widely considered to be the sole test for certainty of objects for fixed trusts). It argues that no binding authority requires trusts to pass these tests and that they are not logical requirements for the validity of trusts. Instead, it is suggested that, while passing these tests should be sufficient to validate a trust, a trust will also be valid if there is sufficient practical certainty for the trust to be executed in accordance with the settlor/testator’s intentions.