Trust

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  • 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

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