Equity - Three certainties
- Created by: Ravinder Singh Purewal
- Created on: 06-04-18 17:24
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- Three Certainties:
- All trusts must satisfy three certainties
- except charitable trusts
- Knight v Knight
- Certainty of subject matter requires certainty to what property is held on trust and who beneficial interests are
- Issue arise concerning trusts of part of a bulk of unascertained goods
- approach by courts depends on whether the property is tangible or intangible
- A fixed trust will be certain as to its objects if a complete list of beneficiaries can be compiled.
- Discretionary trust will be certain as to its objects
- if it can be said with certainty that any given individual is or is not a member of the class
- All trusts must satisfy three certainties
- 1) Certainty of intention.
- 2) Subject matter
- 3)Objectis
- Why?
- Trustees must know their obligations under a trust
- liable for breach
- Protecting trustees and
- Untitled
- Protecting trustees and
- liable for breach
- Trustees must know their obligations under a trust
- Why?
- 3)Objectis
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