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.
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.
