Hey there! Sign in to join this conversationNew here? Join for free to post

trusts- certainties and formalities and constitution

University Navigation

Announcements Posted on
Would YOU be put off a uni with a high crime rate? First 50 to have their say get a £5 Amazon voucher! 27-10-2016
    • Thread Starter

    can anyone please help me get my head around how to establish certainty of intention!! I understand subject matter, and objects but I'm finding it difficult recognising intention especially if the question is to do with somebodies will. Exam on Thursday!

    Don't forget that there are different types of trusts:- express, constructive and resulting and they can be formulated verbally as well as in writing. Go and look back at Knight -v- Knight (1840) 3 Beav 148. Making things clear means a clear expression that the settlor is intending to create a trust - using clear words which are not ambiguous. There are many cases where the courts have not found a trust because it has not been clear that a trust has been created and if it has, it has not been clear what the subject matter (what property is going to whom) of the trust is - so the trust might fail.

    Words like "i want to...." or "i might" or "i may" will not be clear enough because they only express a wish to do something which might later turn out different in a change of mind or even a death. "i am holding [ ] on trust for [ ]" would be a clear intention that the settlor is holding x item for y person.

    Cases you could look at for certainty of intention to determine whether they are successful or fail as trusts:-

    Re Diggles (1886) 39 Ch D 253
    Re Adams and the Kensington Vestry (1884) 27 Ch D 394
    Comiskey v Bowring-Hanbury [1905] AC 84

    Remember the rules on plagiarism. Good luck.
Write a reply…


Submit reply


Thanks for posting! You just need to create an account in order to submit the post
  1. this can't be left blank
    that username has been taken, please choose another Forgotten your password?
  2. this can't be left blank
    this email is already registered. Forgotten your password?
  3. this can't be left blank

    6 characters or longer with both numbers and letters is safer

  4. this can't be left empty
    your full birthday is required
  1. Oops, you need to agree to our Ts&Cs to register
  2. Slide to join now Processing…

Updated: May 22, 2016
TSR Support Team

We have a brilliant team of more than 60 Support Team members looking after discussions on The Student Room, helping to make it a fun, safe and useful place to hang out.

Would you rather be able to

The Student Room, Get Revising and Marked by Teachers are trading names of The Student Room Group Ltd.

Register Number: 04666380 (England and Wales), VAT No. 806 8067 22 Registered Office: International House, Queens Road, Brighton, BN1 3XE

Reputation gems: You get these gems as you gain rep from other members for making good contributions and giving helpful advice.