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Certainty of Intention
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Certainty of Intention
Settlor must have had an intention to create a trust as opposed to something else.
- Court is prepared to infer an intention from circumstances
Paul v Constance
- can create a trust without knowledge of legal principle as long as clear that a trust was intended
Re Kayford
- no need for word 'trust' - words must be obliging rather than appealing - appealing words = precatory words eg hope/desire/wish
Re Farepak
- most academics accept the decision is one decided per incuriam the decision in Re Kayford
Mussoorie Bank Ltd
- precatory words - no certainty of intention
Executors Act 1830
- required trustees to hold property in an appropriate manner - subsequently the courts tightened their approach
Lambe v Eames
- precatory words were too uncertain to create a valid private express trust
Re Steele
- exception where the settlor is clearly relying on previous precedent in order to establish a trust
Cominskey
- Court will look at entire construction of the provision to establish intention
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- Mind Map on Certainty of Intention, created by Amy Louise Hildreth on 16/05/2017.
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- Amy Louise Hildreth
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