Express Trusts

Express Trusts

1. Formalities

   • What formalities apply to this type of trust (if any) and have they been observed?
   • Wills
   • Gifts

2. Perfection Techniques

   • In what circumstances will the court come to the assistance of a volunteer when there has been an imperfect gift or an incompletely constituted trust?
   • Rule in Strong v Bird
   • Third Party Fault
   • Proprietary Estoppel
     • Donatio Mortis Causa
       • Gift in contemplation of death
       • Gift conditional upon death
       • Delivery of Subject Matter

3. Three Certainties

   • Have the three certainties been satisfied and what are the consequences of non-observance?
   • Certainty of Intention
   • Certainty of Objects
   • Certainty of Subject Matter

4. Administrative Unworkability & Capriciousness

   • What is the effect of administrative unworkibility and capriciousness on a trust or gift?

5. Conceptual Uncertainty

   • What is the effect of conceptual uncertainty on the trust or gift?