Fahim & Irfa - Creation of a trust
The issue to consider is whether a valid trust has been created.
Fahim has declared himself as trustee and as he owns the legal title there is no need to transfer property.
In order to make a valid declaration of trust Fahim will need to have complied with the three certainties set out in Knight v. Knight (1840) 3 Beav 148.
-certainty of intention to create a trust.
-certainty of subject matter that clearly identifies the trust property and the benefits of the beneficiaries
-certainty of the objects with clear identification of the beneficiaries.
In order to establish intention the court will assess the wording used (Re Adams and Kensington Vestry (1884) 27 Ch D 394). Fahim has shown his intention by his words “hold on trust’.
He also clearly identifies his apartment in Poole as the subject matter and that Irfa will benefit from the entire estate once she turns 21.
The three certainties are met.
S. 53(1)(b) of the Law of Property Act 1925 states that the declaration must be evidenced in signed writing by the person able to authorise the trust. Fahim has written to Irfa’s mother and outlined all of his intentions in the form of a letter. There is no information on whether Fahim signed the letter thereby satisfying the requirement.
Summary
The creation of a trust will hinge on whether Fahim signed the letter to Irfa’s mother as all other elements of creating a trust have been satisfied. If there is no signature the property will
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