Express trust essay

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Express trust essay in 2021

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Express trust pdf

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What are the three requirements of a trust?

For a trust to be properly constituted, it must consist of a minimum set of requirements: certainty of intention, certainty of subject matter and certainty of object. The importance of these matters was recognised by Lord Langdale MR in Knight v Knight where he put forward the principle that a trust cannot exist without the ‘three certainties

What are the certainties of an express trust?

For an express trust the three certainties must always be present; certainty of intention, objects and subject-matter. If any of these are doubtful, the trust will be rendered invalid.

What is the difference between an express trust and a precatory Trust?

Depending on construction of words in each case, a distinction is drawn between imperative words which show and intention to create legally binding obligations (which will create a trust) and precatory words which merely express a hope or wish and impose more of a moral obligation; of which will not create a trust.

Can a trust be created without the word trust?

It is therefore evident that no particular form of words are required, ‘it is well settled that a trust can be created without using the word “trust” or “confidence”. The fact that Walter has not used the word ‘trust’ does not then mean there is no trust. Furthermore ‘the words must be imperative’.

Last Update: Oct 2021


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