... in their ability to administer a trust, if they did act then their decisions had to be justiciable. However for this to happen it was necessary for the Settlor to be very clear on what criteria should be used if it became necessary for the court to execute the trust. Therefore from this rationale it is clear that a court cannot be expected to act where a choice needs to be made between two competing claims. Thus when a court is in a position where it needs to make a decision it takes the 'Equality is equity' principle, this is basically the equal distribution of the trust amongst the beneficiaries. However this is only possible if all the beneficiaries or objects can be identified, if they cannot then the trust cannot be ratified. There is a test for the certainty of objects, which basically consists of a requirement that a full list ...

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