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Certainty of Intention under Equity and Trusts £15.49
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Certainty of Intention under Equity and Trusts
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This is a detailed notes made by myself from researching and listening to my lectures during class. This is one out of the three certainties, specifically the certainty of intention.

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  • November 9, 2022
  • 4
  • 2022/2023
  • Lecture notes
  • Davies
  • All classes

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4 requirements for a valid express trust or gift;

1. Capacity

2. The three certainties (intention, subject matter, objects)

3. Compliance w legal formalities

4. Constitution of trust



(2) The three certainties
-Intention, subject matter and objects

Case: Knight v Knight (1840)

-court, settlor, beneficiary and trustee needs to know things and terms are nicely

explained

Intention:

Needs to come from the person who made the provision, their intention needs to be clear to the courts.

Intention can be evidence as equity is flexible

-needs to be clear that settlor intends to create a trust

-once done, settlor cannot change mind (bound by the trust)

-trustee have to act in accordance with the law

-property is held for the benficiary

-pros: no set formula for words are needed

-cons: rules are vague

Starting point;

Precatory words arises in the context of will provisions which set the scene for rules of certainty of
intention

rule: using words that merely convey a hope, wish or desire that the recipient of the property will deal
with it in a certain way - there will be no certainty of intention hence no trust.

Case: Lambe v Eames - talks about change in law and the courts said no, theres no trust.

Borderline case which causes trouble;

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