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Mind map

Certainty of intention

Chantal Briancon Equity and Trusts English

Map content

Certainty of intention

  1. What is certainty of intention?

    • Must be clear that donor intended to create trust
    • Must be clear that beneficial and legal ownership are split
  2. Wording

    • Imperative wording NOT precatory wording must be used to show intention
    • Re Hamilton
      • Re Steele's Will Trust
    • Lambe v Evans
    • Re Adams and Kensington Vestry
    • Re Kayford
    • Comiskey-Bowring v Hanbury
  3. Conduct

    • Intention can be inferred from actions
    • Paul v Constance
    • Jones v Lock
    • CRITICISM of cases
      • GOFFAT - Argues that case P v C was given benevolent construction. General intention present but not specific intention. Therefore, trust should not have been held as valid Only difference in cases was judicial attitudes at the time.
      • MARTIN - Agrees with Goffat. Holds that P v C was 'borderline' case and was given a wrong judgement.
  4. Genuine intention

    • Must be clear that the intention to create a trust is genuine.
    • A v A
    • Midland Bank v Wyatt
  5. Consequence of lack of intention

    • Trustee takes gift absolutely. Beneficiary and donor left with nothing.

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Description
Equity and Trusts (Block 1 - Three Certainties) Mind Map on Certainty of intention, created by Chantal Briancon on 17/04/2018.
Created by
Chantal Briancon · Apr 2018
Updated
Apr 17, 2018
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