Trust

View mindmap

the Three Certainties
- Certainty of Intentions
  - The intention to impose a positive obligation on someone to hold a property in trust for another
    - Kinloch v Secretary of State of India
      - The usage of the word "Trust" is inconsequential as long as it has the characteristics of a trust
    - Paul v Constance
      - Absence of the word "trust" is inconsequential as long as the description fits the characteristics of a trust no matter how colloquial
- Certainty of Subject Matter
  - The property must be sufficiently identifiable
    - Re London Wine (Oliver J)
      - There must be segregation of subject matter from the rest of the estate and from the personal property of the trustee
    - Boyce v Boyce
      - If the property is intangible and in equal parts (ie. shares), segregation is not necessary
- Certainty of Objects
  - The beneficiary of the trust must be sufficiently identifiable
    - Discretionary trusts.
      - Re Baden (No. 2)
        Evidential burden is on the potential beneficiary
    - Does not apply to Charitable trusts
Untitled
Untitled
The beneficiary of the trust must be sufficiently identifiable
- Discretionary trusts.
  - Re Baden (No. 2)
    - Evidential burden is on the potential beneficiary
- Does not apply to Charitable trusts

Get Revising