The Three Certainties of Express Trust
Trust The Three Certainties
An express trust will not take effect unless the three certainties are present .These certainties are (1)Certainty of words (2)Certainty of objects (3)Certainty of subject matter .It is therefore important to prove all three elements in the given scenario to prove that a trust exists .If any of these certainties are not present the trust fails and the donee of the property which is sufficiently defined ,takes the property as an absolute gift .If the words are imperative and thus raise a trust and the objects ascertainable but the property is not specified in terms of identity ,then there will be no trust ,for there would be nothing to hold and administrator of a trust property .This rule applies for all three elements ,there would be no trust without one or more of the elements not being present .
The issue in the first scenario is; Whether all three of the certainties exists?
Firstly certainty of words, this principle is that an expressed trust is created where the settlers shows an intention to do so .It is therefore important to show settlers intention rather than moral obligation.
Before 1830 proprietary words were construed by the courts of having the force to create a trust .The Common Law allowed an estate being disposed of to be vested in the execution .However after 1830 the law was changed by the executing act which provided that disposition of property should not go to the executor and the courts stopped construing precatory words as having the effect to create a trust.
The words “I bequeath” and “I would like” is used in the given situation.
The words of I bequeath $200,000 to my dear friend can be contrasted with that of Re Codrington where the testator’s wishes were carried out where he bequeted two of his plantations in Barbados to the society for the propagation of the Christian Religion .The main question was whether the will created a binding trust or not as the testator went on to use the word desire .It
An express trust will not take effect unless the three certainties are present .These certainties are (1)Certainty of words (2)Certainty of objects (3)Certainty of subject matter .It is therefore important to prove all three elements in the given scenario to prove that a trust exists .If any of these certainties are not present the trust fails and the donee of the property which is sufficiently defined ,takes the property as an absolute gift .If the words are imperative and thus raise a trust and the objects ascertainable but the property is not specified in terms of identity ,then there will be no trust ,for there would be nothing to hold and administrator of a trust property .This rule applies for all three elements ,there would be no trust without one or more of the elements not being present .
The issue in the first scenario is; Whether all three of the certainties exists?
Firstly certainty of words, this principle is that an expressed trust is created where the settlers shows an intention to do so .It is therefore important to show settlers intention rather than moral obligation.
Before 1830 proprietary words were construed by the courts of having the force to create a trust .The Common Law allowed an estate being disposed of to be vested in the execution .However after 1830 the law was changed by the executing act which provided that disposition of property should not go to the executor and the courts stopped construing precatory words as having the effect to create a trust.
The words “I bequeath” and “I would like” is used in the given situation.
The words of I bequeath $200,000 to my dear friend can be contrasted with that of Re Codrington where the testator’s wishes were carried out where he bequeted two of his plantations in Barbados to the society for the propagation of the Christian Religion .The main question was whether the will created a binding trust or not as the testator went on to use the word desire .It