The applicants, estate trustees of the deceased, brought a motion for directions after their unopposed application for a Certificate of Appointment of Estate Trustee was rejected.
The initial rejection relied on a previous decision holding that a primary will must satisfy the 'three certainties' of a trust, specifically certainty of subject matter, to be valid.
The court granted the application, explicitly declining to follow the previous decision.
The court held that a will is not a trust and its formal validity for probate does not depend on satisfying the three certainties.
