• Wrong document? Swap it for free
  • Written by students who passed
  • Immediately available after payment
  • Read online or as PDF
Sell
Where do you study
Your language
Document preview thumbnail
Preview 3 out of 25 pages
Class notes

Equity wills and probate

Document preview thumbnail
Preview 3 out of 25 pages

Equity,wills and probate law revision

Content preview

Express Trusts-The
Three Certainties
Ayshea O’Brien

,Express Trusts
Rule: In order for an
express trust to be
- Certainty of Subject
valid, it must satisfy the - Certainty of Intention
Matter
following three
certainties:



NB: This rule applies
Knight v Knight (1840)
- Certainty of Object only to Private Express
3 Beav 148
Trusts.

, 1. Certainty of Intention

It must be shown that the settlor intended to create a trust:
The intention must be to impose a legal duty on the trustee - not merely a moral obligation (precatory words).




- Lambe v Eames; “to be at her disposal in any way she may think best for the benefit of herself and her
family” – moral obligation.




- Re Admans and the Kensington Vestry; “unto and to the absolute use of my dear wife … in full
confidence that she will do what is right as to the disposal thereof between my children” – moral
obligation.

Document information

Study
Unknown
Uploaded on
September 17, 2026
Number of pages
25
Written in
2026/2027
Type
Class notes
Professor(s)
Ayesha
Contains
All classes
$14.55

Wrong document? Swap it for free Within 14 days of purchase and before downloading, you can choose a different document. You can simply spend the amount again.
Written by students who passed
Immediately available after payment
Read online or as PDF

Sold
0
Followers
0
Items
3
Last sold
-



Why students choose Stuvia

Created by fellow students, verified by reviews

Quality you can trust: written by students who passed their tests and reviewed by others who've used these notes.

Didn't get what you expected? Choose another document

No worries! You can instantly pick a different document that better fits what you're looking for.

Pay as you like, start learning right away

No subscription, no commitments. Pay the way you're used to via credit card and download your PDF document instantly.

Student with book image

“Bought, downloaded, and aced it. It really can be that simple.”

Alisha Student

Working on your references?

Create accurate citations in APA, MLA and Harvard with our free citation generator.

Working on your references?

Frequently asked questions