Mind map
Certainty of intention
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Certainty of intention
What is certainty of intention?
- Must be clear that donor intended to create trust
- Must be clear that beneficial and legal ownership are split
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
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.
Genuine intention
- Must be clear that the intention to create a trust is genuine.
- A v A
- Midland Bank v Wyatt
Consequence of lack of intention
- Trustee takes gift absolutely. Beneficiary and donor left with nothing.
Information
- 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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