Summary
Summary Notes on three certainties
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The document explains three certainties of a valid trust.
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Certainties09/02/2024 and 11/02/2024
, Every trust (except for
charitable trusts) must
satisfy the three certainties
Knight v of intention, subject
matter, and objects:
Knight (1840)
, Trustees must know what their obligations are u
the trust—remember that trustees will be liable
breach of trust if they fail to carry out their
It is important that obligations correctly. The three certainties there
a trust satisfies the provide a trustee with a degree of protection by
three certainties for ensuring that their obligations are clear.
two reasons:
Satisfying the three certainties ensures that, if
necessary, the court itself will be able to admini
the trust.
, equity looks to intent
rather than form
• Intention is established by
Certainty of considering all the circumstances
intention of the case—. In working out
what was intended, there are a
number of indicators of intention
that you should look out for.
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