what does the first certainty state?
To create an express trust without being aware that one is doing so, so long as the court can determine from the person's intention that a beneficial entitlement should be conferred which the law will enforce.
Three certainties
It is possible to create an express trust without being aware that one is doing so, so long as the court can determine from the person's intention that a beneficial entitlement should be conferred which the law (or equity) will enforce.
inland revenue commissioners v broadway cottages trust 1955 ch 20 It states that if there are any potential beneficiaries who the trustees are not certain of, or the trustees cannot compile a complete list, the trust is void for uncertainty. what is this three certainties all about? It refers to a rule within English trusts law on the creation of express trusts that, to be valid, the trust instrument must show certainty of intention, subject matter and object. what is the above-mentioned instrument all about? It is an instrument in writing executed by a settlor used to constitute a trust. who is the settlor in this case? He is a trustor, or occasionally, a grantor or donor. who created these certainties? UNANSWERABLE list those three certainties. Certainty of intention", "Certainty of subject matter" and "Certainty of object".
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Three certainties [SEP] Certainty of intention
A trust will not be formed if it is clear that some other intention was there, such as the intention to make a pure gift, as in "Jones v Lock". Historically, precatory words such as "it is hoped" and "it is desired" were held to be valid. Since "Lambe v Eames", the courts have instead taken the approach that the circumstances and the reading of the statement as a whole are the factors, and that no particular words will impose a trust on their own. It is possible to create an express trust without being aware that one is doing so, so long as the court can determine from the person's intention that a beneficial entitlement should be conferred which the law (or equity) will enforce.