The Three Certainties - LawAspect.com - Free Law Essays.

Certainty of intention is needed to impose a binding obligation being evidence that the settlor or the testator intended for the property to be held in trust.

Nevertheless, certainty of intention must be established for a trust to be created. If a trust cannot be established where the gift is in a will the donee will take beneficially as no trust was intended.


Certainty Of Intention Essay Help

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Certainty Of Intention Essay Help

Introduction: the test for certainty of objects previously required a complete list of beneficiaries (IRC v Broadway Cottages).While the new test in McPhail v Doulton allowed more discretionary trusts to be upheld, the case law in this area remains uncertain and confusing. McPhail v Doulton: clearly set out the test for certainty of objects, as per Lord Wilberforce.

Certainty Of Intention Essay Help

Once an offer and acceptance are considered valid, an agreement is formed. Certainty Is the next requirement to make the agreement legally enforceable. If an agreement is not considered certain and thereby lacks this requirement, then it will not be enforceable - Gunthing v Lynn (1831) 2 B7 Ad 232.

 

Certainty Of Intention Essay Help

An agreement may not qualify as a valid and enforceable contract if it lacks certainty, and not all agreements are legally binding or have an intention to create legal relations. It is for these reasons that this topic is of importance, as these elements must be proven for a successful contract.

Certainty Of Intention Essay Help

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Certainty Of Intention Essay Help

When deciding certainty of intention of a disposition, and it is clear that a trust has not been intended to be created by the testator in what situation would a power of appointment be conferred over an absolute gift (resulting in a resulting trust going into the residuary).

Certainty Of Intention Essay Help

Certainty of intention would only be an issue if you were looking at some additional trust - for example, if X wanted to give his music collection to B but wanted her to give it back if she became a Catholic; then there would be an issue over whether that's a gift or a trust.

 

Certainty Of Intention Essay Help

Certainty of intention: The settlor must have intended to create a trust of their property, as opposed to making a gift or lending 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.

Certainty Of Intention Essay Help

One of the principal requirements for the successful establishment of a trust is certainty, and in this instance, certainty of intention is relevant. Knight v Knight (1840) established that the “three certainties” must be present; certainty of intention, of subject matter, and of object.

Certainty Of Intention Essay Help

The creation of a trusts.. Certainty as to the settlor’s intention to establish a formal trust of property; Generally speaking it is not necessary to create a trust in writing, and trusts do not even need to be declared orally. As a minimum pragmatism may intervene to ensure that a trust can be inferred from conduct of the settlor.

Certainty Of Intention Essay Help

Sample Essay Questions Question 1. In order for a settlor to create a valid inter vivos trust of property he owns absolutely, it is necessary both to constitute the trust perfectly and to meet certain statutory requirements. Discuss. Answer Plan. Brief summary of the concept of a trust. The need for title to the trust property to be effectively conveyed to the trustee, if not already present.

 


The Three Certainties - LawAspect.com - Free Law Essays.

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 (). 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.

Depending on how long the essay is those two sections should be fine. Remember to discuss in the first section whether foresight of virtual certainty is morally equivalent to wanting the thing to happen - if you don't think it is, then Woollin has not defined intention fairly.

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The question of the existence of the three certainties are also asked in the second situation to create a trust. I bequeath “in this situation may amount to certainty of words as Gloria may have intended to create a trust. Equity however look at intent rather than form of words used. The case of Re Codrington Agen shows this.

The life interest of Parwinder which on the surface appears to be a vested, immediate and limited interest is coupled with a remainder interest for their daughters. In this instance, there is a problem with certainty of intention.

Certainty of objects essay help Certainty of objects (beneficiaries) A fixed trust is where the beneficial interests are fixed and normal express trusts are described as fixed trusts.