What Is the Any Given Postulant Test?

The leading test for mere powers is the "any given postulant" test, laid down in Re Gulbenkian. This states that the trustees must be able to say with certainty, when a potential beneficiary comes before them, that he either is or is not a beneficiary.

What is criterion certainty test?

What the 'criterion certainty test' essentially means is that the language used by a settlor should be certain when defining the class of potential beneficiaries who may be favoured by the discretionary property. The consequence of lack of certainty is that the discretionary trust may be considered void.

What is the IS is not test?

The House of Lords found that a discretionary trust had been created. However, they changed the test for discretionary trusts to the “is or is not” test. The test is whether it can be said with certainty that any potential claimant is or is not a member of the class.