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For a discretionary trust, what must trustees be able to say about whether any person falls within the beneficiary class?
When does conceptual uncertainty in a discretionary class invalidate the trust?
Why does evidential difficulty over borderline individuals not necessarily invalidate a conceptually certain discretionary class?
When can administrative unworkability or capriciousness defeat a discretionary trust despite conceptual certainty?
How thoroughly must trustees survey the beneficiary class before exercising their discretion?
How should a discretionary class of employees, relatives and anyone the trustees consider deserving be assessed for conceptual certainty, administrative workability, capriciousness and the possibility of a proper survey?
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