Equity - Three certainties

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  • Three Certainties:
    • All trusts must satisfy three certainties
      • except charitable trusts
      • Knight v Knight
    • Certainty of subject matter requires certainty to what property is held on trust and who beneficial interests are
    • Issue arise concerning trusts of part of a bulk of unascertained goods
      • approach by courts depends on whether the property is tangible or intangible
    • A fixed trust will be certain as to its objects if a complete list of beneficiaries can be compiled.
    • Discretionary trust will be certain as to its objects
      • if it can be said with certainty that any given individual is or is not a member of the class
  • 1) Certainty of intention.
  • 2) Subject matter
    • 3)Objectis
      • Why?
        • Trustees must know their obligations under a trust
          • liable for breach
            • Protecting trustees and
              • Untitled


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