In the student lawyer's latest article on trusts, charlotte burmby provides an overview of the three certainties (certainty of intention, certainty of subject matter, and certainty of objects) required for an express trust to be valid. As explained, the three certainties have to coincide, or in other words, they all have to be present for a trust to be valid if one of the certainties is missing the trust will be void ab initio and the person intended to act as trustee may be given the assets personally. This essay will begin by discussing the three certainties within the english law of equity and trusts the establishment of these three conditions is needed in order to form a valid trust. Mcdonald & street: equity & trusts law concentrate 4e outline answers to essay questions access the chapter links below to view outline answers to the essay questions from the book.
The three certainties have their good points and their bad points for example in the case of knight v knight [ 25 ] , the question of whether in substance a sufficient intention to create a trust has been manifested [ 26 ] was suggested. The three certainties notes this is a sample of our (approximately) 14 page long the three certainties notes, which we sell as part of the trusts and equity notes collection, a 1st package written at oxford in 2017 that contains (approximately) 710 pages of notes across 51 different documents. Accordingly, lord langdale mr in knight v knight laid down the test that three certainties are required for the creation of a valid trust these are 'certainty of intention', 'certainty of subject matter' and 'certainty of objects.
The certainty of subject matter law equity essay 'the three certainties are essential to justify the validity of an express trust however, surrounding case law has detrimentally affected their efficacy. The three certainties knight v knight (1840) + lord langdale - to be valid as a trust there must be: a) certainty of intention to create a trust - is a trust intended as a q of fact. The question of the existence of the three certainties are also asked in the second situation to create a trust i bequeath in this situation may amount to certainty of words as gloria may have intended to create a trust. Essay: trusts and certainty of intention this article looks at the requirements and formalities for a valid trust in uk law, a trust is an arrangement involving three classes of people a settlor, trustees and beneficiaries.
Additionally, where a trust was intended but the courts failed to recognise one existed appears to somewhat question the validity of the three certainties (re b (child: property transfer) ) another area of ambiguity is the difficulty in finding intention in commercial and family trusts. Open document below is an essay on question & answer: three certainties from anti essays, your source for research papers, essays, and term paper examples. This essay will consider whether the statement in the question is an accurate reflection on the law regarding the three certainties it will consider the well.
What i wrote is the basic outline i adopt to a question dealing with 3 certainties there is a lot more to include in each certainty from the case law with certainty of objects, all you need to do is be able to identify with sufficient certainty who the beneficiaries of the trust are. Knight v knight (1840) established that the three certainties must be present certainty of intention, of subject matter, and of object also of relevance here is the equitable maxim that equity look to intent, not form.
Law essay - the three certainties were created by lord langdale mr in the case of knight v knight subsequent case law has seen these tests develop in numerous ways. Certainties provide t with a degree of protection equity looks to intent, rather than form this is a question of construction of the relevant documents or of gathering inferences from the words or conduct of the alleged settlor, considering all the circumstances of the case. Anytime you do a trusts question(on trust and powers) try to conceptualize the three certainties and how they apply to intention, subject matter and object in each provision: certainty of intent: create a trust of income or capital from 100000 gbp. In relation to an essay question candidates should do these things as part of their initial study of the subject and as part of the examination preparation process.
You be the marker - problem question peter, by will, made the following bequests: (a) £500,000 to my daughter, marie, and i trust that she will provide for the children out of this. Walker  h of l held that if there is a mixed question of fact and law, even this question can be delegated to a 3rd party to get a conclusive determination says that there are two different ways in which a third party could be called upon to resolve uncertainty in the definition of class: 1.
The three certainties essay the three certainties knight v knight (1840) + lord langdale - to be valid as a trust there must be: a) certainty of intention to create a trust - is a trust intended as a q of fact. The document includes key cases as well as an answer structure for the 'three certainties' question being a recent graduate in law myself, i can understand that equity & trusts as a module can be tricky for many students and takes time to grasp the area. Answer: this essay will concentrate on the three certainties and this essay will discuss about whether the three certainties have been satisfied and if it is possible to give effect to informal trusts. Resources outline answers to essay questions outline answers to the essay questions from the book key facts checklists keep track of you revision with these checklists for each topic.