There must be a intention to impose a legally binding obligation.
5 of 17
Re Snowden
Failure to ascertain certainty of intention may lead to a moral obligation.
6 of 17
How can intention be communicated?
Orally or inferred from conduct
7 of 17
Case for oral trust
Paul v Constance
8 of 17
Case for conduct
Re Kayford Ltd
9 of 17
What are precatory words and do they suffice?
They are requesting words and they do not suffice
10 of 17
What kind of words need to be used to prove certainty of intention?
Imperative
11 of 17
Re Adams and the Kensington Vestry
Wording NOT imperative, therefore no trust but gift to wife. “in full confidence that she would do what was right by his children”.
12 of 17
Comiskey v Bowring-Hansbury
Even though the words 'in full confidence' are used, the Courts should look at the document as a whole
13 of 17
Lambe v Eames
Not trust, but absolute gift. Words 'in any way she may think best' used. Precatory words.
14 of 17
Paul v Constance
There is no need to use the word 'trust' in order for a trust to be created. No particular form of expression is necessary for the creation of a trust. If on the whole it can be gathered that a trust was intended, it can be a valid trust.
15 of 17
Snook v London & W Riding Investment Ltd
Defines sham trusts
16 of 17
What happens if you fail to prove certainty of intention?
It will be an absolute gift to the donee.
17 of 17
Other cards in this set
Card 2
Front
Re Beaney; They held the trust was void
Back
What case can you cite for lack of capacity?
Card 3
Front
Certainty of intention, subject matter and object
Back
Card 4
Front
Knight v Knight
Back
Card 5
Front
There must be a intention to impose a legally binding obligation.
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