Express Trusts

Mind Map by timlint, updated more than 1 year ago
Created by timlint about 6 years ago


The following mind map charters the creation of express trusts and the methods by which the Irish courts will intervene and perfect an imperfect gift or an incompletely constituted trust.

Resource summary

Express Trusts
1 Formalities


  • What formalities apply to this type of trust (if any) and have they been observed?
1.1 Wills
1.2 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?
2.1 Rule in Strong v Bird
2.2 Third Party Fault
2.3 Proprietary Estoppel
2.3.1 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?
3.1 Certainty of Intention
3.2 Certainty of Objects
3.3 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?
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