The use of trust in wills table of contents i introduction 1 ii the trust defined 1 iii the three certainties 3 a certainty of intention 4 b certainty of subject-matter(property) 5. Stated to be a valid gift or trust, a will must express certainty of intention certainty of subject matter and certainty of object family dispute regarding the intention of a person who died intestate. Essay: trusts and certainty of intention this article looks at the requirements and formalities for a valid trust in uk law, a trust is an arrangement involving three classes of people a settlor, trustees and beneficiaries. These are 'certainty of intention', 'certainty of subject matter' and 'certainty of objects' the trust created by julia in order to be valid, therefore must satisfy the three certainties.
With due respect, to paraphrase lord langdale, for a trust to be valid there must be: a certainty of words a certainty of subject-matter and a certainty of objects 1 certainty of words or intention. If the initial trust property is certain, and the property which may be added is certain, then the subject matter is certain because at any point the current trust property can be determined by tracing the original property to its current form: waters at 155 -156. These are certainty of intention, certainty of subject matter, and certainty of objects without these certainties, an express trust will not be valid the purpose of these certainties is to ensure the trust is properly controlled and enforced.
Certainty of subject matter law equity essay a trust relationship is where the legal title is owned by the trustee and the beneficial interest is held by the beneficiary [ 1 ] a trust provides a legal owner to be able to deal with property for the benefit of those who cannot or do not want to deal with it. Certainty of subject matter: the subject matter (property) of the trust must be specified with reasonable certainty certainty of object : the objects (beneficiaries) of the trust must be sufficiently identifiable. The trust instrument must show certainty of intention to create a trust, certainty of what the subject matter of the trust is, and certainty of who the beneficiaries (or objects) are where there is uncertainty for whatever reason, the trust will fail, although the courts have developed ways around this.
⇒ these forms of certainty are commonly referred to, respectively, as certainty of intention, certainty of subject matter, and certainty of objects ⇒ without such certainty, the trust will be held to be void → so an express trust must demonstrate these three certainties otherwise it will be void. The certainty of intention is to determine whether the words used by the settlor/testator reveal a clear intention to create a trust (that is, to subject money or property to a trust obligation) - its not necessary for the word 'trust' to be used.
Of subject matter the decision concerning certainty of intention can be affected lack of certainty of subject matter will occur if the property which is supposed to be managed or administered by the trustees on behalf of the beneficiaries cannot.
14/05/14 law of trust (drzuraidah ali) 7 3 points that must be certain before an express private trust must be created 1) certainty of intention 2) certainty of subject matter 3) certainty of objects. The three certainties refer 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. If trust does not meet test of certainty it will fail/be void if trust to be valid must meet three certainties: (knight v knight) certainty of intention certainty of subject matter certainty of objects/beneficiaries.
If no certainty of object= held on resulting trust (established certainty of intention and subject matter) resulting trust back to settlor or will-maker's estate (residuary under the will) if trust fails. The test for certainty of subject-matter is whether the trust property and the beneficial interests are ascertained or are ascertainable to such an extent that the court may attach an order on the relevant property or interest. In order to create a valid trust the three certainties must be present- the certainty of the intention to impose enforceable trust obligations on the trustee, the certainty of the subject matter to be included in the trust and the certainty of objects, a clearly identifiable group of persons entitled to benefit from the trust.