Also known as: presently-ascertainable · ascertainable
Written by attorneys · grounded in primary & secondary sources — see below
A characteristic of a person, interest, fact, or purpose that permits certain identification or determination at the current time without reliance on future events or contingencies.
Pavel Petrov created a trust directing the trustee to maintain a private art collection without naming any individual beneficiaries. The collection's upkeep qualifies as a valid noncharitable purpose because the trust terms identify the collection with certainty at the time of creation.
Portia Price contracted with Premier Manufacturing to supply parts for a product launch. The parties' principal purpose of ensuring timely production is presently ascertainable from their negotiations and emails, guiding the court to interpret ambiguous delivery terms in light of that purpose.
Select any source to read its text and confirm it supports the definition.
Patricia Patel and other known property owners received mailed notice of a tax foreclosure proceeding. Their names and addresses were presently ascertainable from public records, satisfying due process even though publication alone sufficed for unknown parties with identical interests.
Parker Phillips created a trust authorizing distributions for Pamela Phillips's health, education, support, or maintenance. The categories of permitted distributions are presently ascertainable from the trust instrument at the moment any request is made, allowing the trustee to evaluate the request without awaiting future events.
Paula Pierce held authority to withdraw trust principal but only with the trustee's written consent. The consent requirement means the power is not presently ascertainable as a general power of withdrawal because exercise depends on an event outside the holder's sole control at the time of attempted exercise.
A presently ascertainable beneficiary can be identified with certainty at the time the trust is created or enforced. An ascertainable standard instead supplies an objective measure such as health, education, support, or maintenance that guides discretionary distributions without naming specific recipients.
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Due process requires the best practicable notice, including mail, when names and addresses are known or reasonably ascertainable from public records. Publication alone is insufficient for such parties even in proceedings affecting multiple or dispersed interests.
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When the principal purpose is presently ascertainable from surrounding circumstances, courts give it great weight in choosing among possible meanings of ambiguous terms. The purpose supplies context that resolves disputes over language such as lifetime access or priority berthing.
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A power remains presently exercisable only if the holder can exercise it without consent from a person holding an adverse interest. Consent from a trustee whose compensation depends on preserving trust reserves creates such an adverse interest and removes the power from the statutory definition.
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