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Certainty of subject matter: it must be clear what property is part of the trust and property, including sum of money, cannot be separated. Certainty of objects: it must be clear who the beneficiaries (objects) are. [3] Note: The 'Three certainties' rule is not novel to Knight v Knight. It was first stated in Wright v Atkyns, [4] by Earl Eldon LC.
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 ...
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.
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.
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 ...
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 ...
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.
Certainty refers to the three certainties required for a trust to be valid. 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 ]
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