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    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!
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    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.
 
 
 
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