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"Certainty of intention" means that it must be clear that the donor or testator wishes to create a trust; this is not dependent on any particular language used, and a trust can be created without the word "trust" being used, or even the donor knowing he is creating a trust. Since the 1950s, the courts have been more willing to conclude that ...
These are that 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. [6] Where there is uncertainty for whatever reason, the trust will fail, although the courts have developed ways around this. [7]
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 ...
Trusts, certainty Palmer v Simmonds (1854) 2 Drew 221 is an English trusts law case, concerning the certainty of subject matter to create a trust. Its outcome may have become outdated by the more recent judgments in In re Roberts and Re Golay's Will Trusts .
To be able to enforce the trust's terms, the courts also require reasonable certainty about which assets were entrusted, and which people were meant to be the trust's beneficiaries. English law, unlike that of some offshore tax havens and of the United States, requires that a trust have at least one beneficiary unless it is a "charitable trust".
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.
For an express trust to exist, there must be certainty to the objects of the trust and the trust property. In the USA Statute of Frauds provisions require express trusts to be evidenced in writing if the trust property is above a certain value, or is real estate. Fixed trust: The entitlement of the beneficiaries is fixed by the settlor. The ...
Certainty, express trusts Re Gulbenkian’s Settlements Trusts [1968] [ 1 ] is an English trusts law case, concerning the certainty of trusts. It held that while the 'is or is not' test was suitable for mere powers, the complete list test remained the appropriate test for discretionary trusts.
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