on behalf of a minor child or mentally incapacitated person. Life Interest trust the income from property transferred is paid to one person, "the life tenant" (e.g. a widow/er), during their lifetime and thereafter is transferred to another person (who may take absolutely or a second life interest according to the terms of the trust, in the second case a third beneficiary would come into play). The trustees may have power to pay capital as well as income to the life tenant. Alternatively, they may have rights to transfer ("appoint") property to other beneficiaries ahead of their entitlement. Discretionary trust the trustees may pay out income to whichever of the beneficiaries they, in the reasonable exercise of their discretion, think fit. They will normally also have a power to pay out capital. They may have extensive powers, even to add new beneficiaries, but such powers may normally only be exercised bona fide in the interests of the beneficiaries as a whole. Discretionary trusts must not be indefinite and are subject to 'the rule against perpetuities'. In New South Wales, the time prescribed is a statutory period of 80 years from the date the disposition takes effect. Charitable trusts this is also a form of discretionary trust; trusts for a purpose (as opposed to for individuals) are generally invalid at common law however charities are an exception. Persons wishing to pass money to causes not recognised as charitable may instead make gifts to established companies or associations or may establish trusts or trust-like structures in jurisdictions which do not restrict non-charitable purpose trusts (e.g. Jersey trusts, Danish and US foundations and Liechtenstein Anstallts). Protective trusts and Spendthrift trusts can be established to provide an income for persons who cannot be trusted with it. Three Certainties of Express Trust Certainty of intention: Must be real intention by the settlor to dispose of property and create trust, not just make a gift – a trust also can't be created contrary to the intention of the settlor alleged to have created it: Commissioner of Stamp Duties (Qld) v Jolliffe. Certainty of subject:The property the subject of the trusts must be sufficiently ascertainable at the time the trust was created: Herdegen v Federal Commissioner of Taxation (1988) Certainty of object:Beneficiaries must be ascertainable – Fixed trust – ‘List certainty rule’ (Test) see e.g. West v Weston (1998) Discretionary trust -'criterion certainty test’ is whether it