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Mind map

3 CERTAINTIES

costafortune Equity and Trusts Degree English

Mind map on three certainties of a trust: certainty of intention, subject matter, and object or beneficiaries

Mind map: three certainties of a trust

Map content

3 CERTAINTIES

  1. Certainty of Intention Clear expression of an intention to create a trust

    • RE KAYFORD - do not need to use the word trust
      • Precatory words, hope wish, desire, unlikely to create a trust
        • LAMB v EAMES
          • RE HAMILTON - Court will not allow a precatory trust to be raised without evidence of intention
            • Showing intention
              • PAUL v CONSTANCE - Money is as much yours as mine
                • JONES v LOCK - I give this to baby for himself
  2. CERTAINTY OF SUBJECT MATTER

    • The property and beneficiaries interest in it must be certain
      • Fixed trusts Trustees under an obligation to distribute - Uncertainty of subject matter renders the trust void
        • Court and trustees must be able to identify land
          • SPRANGE v BARNARD - remaining part that husband did not want - unknown what would be left, trust failed
            • LONDON WINES CO - ID of specific property out of a larger amount, buyers paid for wine (tangible goods) stored in warehouse.
              • Co went bust, wine not separated from general stock, no trust.as the wine formed part of the bulk no way to know what had been paid for
                • C/F HUNTER v MOSS - Settlor owned 950 shares (intangible goods), orally declared trust for 50, but which 50. AC held a trust here
                  • As long as shares of same class in same company, no need to segregate, decision was widely criticised
  3. Discretionary trusts

    • Settlor leaves property to trustees, for whoever in such shares as they see fit
      • Can affect the rules of certainty
    • RE GOLAYS WILL TRUST
      • Lady to enjoy flat for lifetime and receive a reasonable income from other properties
        • Trust was valid, executors could choose the flat and court, if required, could quantify a reasonable income
          • RE KNAPTON - Testatrix didn't specify who would get which house or how to choose. Valid trust, top of list had first choice.
            • As nieces & nephews were a class, lots were drawn on who got to choose first
              • If not clear who gets what, trust fails and results back to residue
  4. Certainty of Object/Beneficiaries

    • Must be for ascertainable beneficiaries, humans or corporations, as long as have this, trust of perfect obligation
      • If trust for a purpose, trust of imperfect obligation, if doesn't fall within exceptions is void

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Degree Equity and Trusts Mind Map on 3 CERTAINTIES, created by costafortune on 02/05/2013.
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