Define: Class Of Objects

“Class of objects” is a legal term used in the context of trusts and wills to refer to a group of individuals or entities who are designated as beneficiaries of a trust or will. When a trust or will specifies a class of objects, it means that the beneficiaries are not specifically named but are instead identified by their relationship to a particular characteristic or criteria defined in the document. For example, a trust might designate “all grandchildren” as the class of objects, meaning that any grandchildren born in the future would be included as beneficiaries of the trust. The concept of class of objects allows for flexibility in estate planning and ensures that individuals who meet the specified criteria are entitled to benefit from the trust or will, regardless of whether they were born or identified at the time the document was created.

The group of people eligible to be considered beneficiaries under a trust. For a fixed trust, the class of objects is identical to the set of designated beneficiaries. Where the trustees are accorded a discretion to select who will benefit under the trust, the class of objects may be wider than the (final) set of beneficiaries. This is because the trustees may choose to withhold the status of ‘beneficiary’ (and all that this entails) from certain members of the class of objects.

Following McPhail v Doulton (1971), the class of objects in any discretionary trust is determined by the ‘is or is not’ test, also known as the ‘any given postulant’ test.

See also: certainty of objects.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.