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Certainty of Intention

Amy Louise Hildreth English

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Certainty of Intention

  1. Settlor must have had an intention to create a trust as opposed to something else.

    • Court is prepared to infer an intention from circumstances
  2. Paul v Constance

    • can create a trust without knowledge of legal principle as long as clear that a trust was intended
  3. Re Kayford

    • no need for word 'trust' - words must be obliging rather than appealing - appealing words = precatory words eg hope/desire/wish
  4. Re Farepak

    • most academics accept the decision is one decided per incuriam the decision in Re Kayford
  5. Mussoorie Bank Ltd

    • precatory words - no certainty of intention
  6. Executors Act 1830

    • required trustees to hold property in an appropriate manner - subsequently the courts tightened their approach
  7. Lambe v Eames

    • precatory words were too uncertain to create a valid private express trust
  8. Re Steele

    • exception where the settlor is clearly relying on previous precedent in order to establish a trust
  9. 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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