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Equity and Trusts Exam Revision - The Three Certainties (Answer Structure & Key Cases) £5.49
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Exam (elaborations)

Equity and Trusts Exam Revision - The Three Certainties (Answer Structure & Key Cases)

23 reviews
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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. However, with my set of examination notes I...

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  • October 26, 2017
  • 4
  • 2017/2018
  • Exam (elaborations)
  • Unknown

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23  reviews

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By: manveerdulai20 • 3 year ago

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By: Rzulfukar • 3 year ago

Certainty of subject matter: too generic- needs to distinguish between tangible/intangible property

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By: galacticgaslight • 4 year ago

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By: mehakrjpt • 4 year ago

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By: georginademir11 • 4 year ago

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By: marcushamer97 • 4 year ago

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By: justine_fitzpatrick • 4 year ago

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Equity and Trusts Exam Revision – Answer Structure + Key Cases for
Three Certainties


o The Three Certainties: Problem Question Structure -
1) Introduce the topic area and signpost your answer.
2) Deal with each clause/scenario in turn.
3) Deal with each certainty in turn:
- Certainty of Intention (settlor/owner/testator must show clear
intention to create trust)
- Certainty of Subject Matter (what will the beneficiary receive)
- Certainty of Objects (persons intended to benefit)
4) For each certainty do the following:
- State the legal principle
- Explain the reasons or basis for that principle
- Give Authority (case law)
- Apply the case to the facts
- Conclude (i.e. have the three certainties been met successfully to
create a valid trust? Can John benefit from the money/residue? Is
there a valid interest and why?)
- Evaluate where relevant (compare case judgments and why judges
arrived at that particular decision, has a more recent case set a
precedent to follow? Is the law changing in that area?)


Three Certainties Test: ‘creating a valid trust’ – Knight v Knight (1840):
1) Certainty of intention
2) Certainty of Subject Matter
3) Certainty of Objects




Cases – A) Certainty of Intention
o Imperative Words: An obligation to do something – this will
create a trust and be legally binding.
o Precatory Words: Expressing a wish, hope, expectation, or
recommending. No trust as there is no intent to impose legally
binding obligation.
- Wright v Atkyns (1823) Per Lord Eldon – Is it the owner’s “intention” to
impose an imperative obligation to create a trust?

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