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The three certainties compose a rule within English trusts law on the creation of express trusts that, to be valid, the trust instrument must show certainty of intention, subject matter and object.
Precatory words, trust, gift, will Arms of Knight: Argent, three pales gules within a bordure engrailed azure on a chief of the last three spurs or [ 1 ] Knight v Knight (1840) 49 ER 58 is an English trusts law case, embodying a simple statement of the " three certainties " principle.
Certainty refers to the three certainties required for a trust to be valid. The trust instrument must show certainty of intention to create a trust, certainty of what the subject matter of the trust is, and certainty of who the beneficiaries (or objects) are. Where there is uncertainty for whatever reason, the trust will fail, although the ...
Paul v Constance [1976] EWCA Civ 2 / [1977] 1 W.L.R. 527 is an English trust law case. It sets out what will be sufficient to establish that someone has intended to create a trust, the first of the "three certainties".
Generally, a private express trust requires three elements to be certain, which together are known as the "three certainties". These elements were determined in Knight v Knight to be intention, subject matter and objects. [16] The certainty of intention allows the court to ascertain a settlor's true reason for creating the trust.
Enjoy today's rate cut because it might be the last one for a while. The Fed is expected to make its third-straight rate cut this afternoon, but the certainties end there, write Business Insider's ...
If a trustee has broken a duty owed to the trust, there are three main remedies. [242] First, specific performance may generally be awarded in cases where the beneficiary merely wishes to compel a trustee to follow the trust's terms, or to prevent an anticipated breach. [243] Second, for losses, beneficiaries may claim compensation. The ...
There are three certainties in life: death, taxes, and year-end lists. So with each go-round, I have a harder time writing these intros — gazing down at the meticulously formatted blurbs and ...