Can arbiters resolve conceptual uncertainty regarding trust beneficiaries?

Wilde, D. (2020) Can arbiters resolve conceptual uncertainty regarding trust beneficiaries? Trust Law International, 33 (4). pp. 174-185. ISSN 0962-2624

Abstract/Summary

Argues that a settlor can appoint an arbiter to rule on any “conceptual uncertainty” affecting the description of a class of trust beneficiaries, thereby validating the trust: because “evidential certainty” can, in principle, resolve “conceptual uncertainty”. The case law is reviewed, to argue that this approach can be justified by their stated principles and the logic underlying them. (This purports to answer a question regularly debated in textbooks.)