The test comes under the spotlight when considering discretionary trusts. This might be done for example, by delivery for chattels or by deed for land. Trusts and certainty of intention This article looks at the requirements and formalities for a valid trust.
Structurally this has been divided up into an examination of the courts interpreting certainty of intention, object and subject matter.
Trusts and certainty of intention Essay: It is unsurprising that the case law has not uniformly followed these principles over the subsequent years. What is clear though is that the guiding principles have diminished in importance and are in danger of being a mere foundation for the more persuading arguments of pragmatism and sentiment.
There are UK writers just like me on certainty of objects essay help, waiting to help you. In addition, the court had to be certain of the terms so that they would be able to control the trust if necessary.
However by reversing the burden from certainty to set up a trust to absence of certainty to set up a gift, the court in Re. Precatory words can still sometimes create a trust.
Initially these trusts, which allow the trustee discretion in who should benefit but not whether anyone should benefit, received the same treatment as fixed trusts. The court held that as long as an en masse subject matter could be divided between the beneficiaries, it was sufficiently certain.
Sir William noted that the requirement was to ensure that the trustees were shielded by clear knowledge of whether the money was for their benefit or for the benefit of another.
In both cases there was no provision for the residue in the event of a surplus after the stipulated events. Certainty of intention refers to a specific intention by a person to create a trust arrangement whereby Trustees which may include himself hold property, not for their own benefit but for the benefit of another person.
Essay UK - http: Although equity generally does look to intent rather than form, mere intention in the mind of the property owner is not enough. To analyse this section it is necessary to consider individual types of trusts: In relation to the benchmark of certainty, this test satisfies the high standards laid sown over a century and a half ago and conforms to the underlying principles.
It is sometimes stated that no particular form of expression is necessary to create a trust if intention was present. He must validly transfer the trust property to a third party trustee or declare himself trustee. The Settlor is the person who transfers property to the Trust.
This is therefore a power of appointment, not a trust [eg. It is the consequences of McPhail that are more relevant here than the fact of the case. The two difficulties have been where the disposition is one of many and where there is a choice of some sort to be made.
Certainty of intention is also known as certainty of words, although it has been suggested a trust may be inferred just from conduct. In short, the desire of Lord Wilberforce to move to a more practical and less stringent test has merely served to move the courts further away from the original intent of Knight v Knight.
The rationale is understandable. A powerful example of how this can be problematic can be seen in a comparison of Re. Clearly this is not the case.
Search our thousands of essays: Each of us is qualified to a high level in our area of expertise, and we can write you a fully researched, fully referenced complete original answer to your essay question.
A similar divergence has occurred in the commercial context.
Again this was a pragmatically understandable decision. For a valid trust to exist, the Settlor must have the capacity to create a trust. Just complete our simple order form and you could have your customised Law work in your email box, in as little as 3 hours.
Essay UK - http: Just complete our simple order form and you could have your customised Law work in your email box, in as little as 3 hours. In the former a resulting trust was held, in the latter it was treated as an outright gift.Start studying Certainty of Objects.
Learn vocabulary, terms, and more with flashcards, games, and other study tools. In this essay, I have critically evaluated the tests for certainty of objects in the law of trusts and assessed whether developments in the last half century have had a positive or negative impact on the law.
Grade: 68%. Law Essay - The three certainties were created by Lord Langdale MR in the case of Knight v Knight. Structurally this has been divided up into an examination of the courts interpreting certainty of intention, object and subject matter.
There are UK writers just like me on hand, waiting to help you. Each of us is qualified to a high. Cases Subsequent to McPhail v Doulton • The case was returned to the trial court which decided that the trust had certainty of objects, the decision was appealed.
• The case then came before the Court of Appeal for a second time in Re Baden's Trust (No 2). Essays Smart essays you can’t write for anyone else, published online by The Atlantic. Read this essay at The Atlantic. How the mm Lens Became ‘Normal’ It’s often called the optic that best approximates human vision, but approximation is relative.
This essay has been submitted by a law student. This is not an example of the work written by our professional essay writers. Certainty of Objects for Discretionary Trusts.Download