Creating an express trust

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  • Creating an express trust
    • Where the settlor givers property to a trustee
    • Capacity
      • Age
        • A minor cannot create a trust
        • Also cant own land - S1(6) Law of Prop Act 1925
      • Mental capacity
        • Mental Health Act 1985
        • May not be able to create trust
      • Re Beaney 1978
    • Three Certainties
      • Knight v Knight 1840
      • 1. Intention
        • Distinguish between Imperative and precatory language
          • Cases include Lamb v Eames, Re Adams and Kensington Vestry
    • 2. Subject
      • Need to be able to identify the property.
        • Islington LBC 1996
        • And need to be certain of beneficial interest
          • Boyce v Boyce
    • 3. Object
      • Need to pinpoint the beneficiary
      • Molice v Bishop of Durham
      • Different for discretionary
        • Administrative unworkability

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