What if the trust property forms part of a larger quantity?
A trust is liable to fail where there is uncertainty of the trust property where the property in question cannot be identified or separated from a larger quantity. If it was the case that the person leaving the property on trust for the beneficiary tried to segregate and separate the trust property away from the rest of the quantity then there may be a valid trust given all the other requirements are satisfied. If there is no distinction from the property held on trust and the rest of a larger quantity then it is almost impossible to identify what exactly belongs to the beneficiary.
