3 - The Three Certainties

Source - Unlocking Trusts

Here is the summary of the 3rd chapter of this book:

1) 3 Certainties - Intention, subject matter and objects of a trust

2) Intention - To create a trust. Equity looks at the intent rather than the form. Intention to create a trust is different from intention to benefit. Distinction between creation of trusts orally and 'loose talk' (see the case of Jone v Lock where it was held that trust was not created and contrast it with Paul and Constance), 'precatory words' (see the case of Adams and Kensigton and contrast it with Comiskey), effect of uncertainty of intention

3) Subject matter - As regards trust properties and beneficiaries (observe the distinction and see the case of Boyce v Boyce),

4) Objects - See how it varies between express trust and discretionary trust (see the case of IRC and contrast it with OT computers), list test against ascertainability test, is or is not test, any given postulant test (see the rule laid down in the case of McPhill), limitations to McPhail's case, also see various approaches to McPhail's case