Three Certainty Requirement

In this book, trust is defined as “one’s willingness to be vulnerable to another based on the confidence that the other is benevolent, honest, open, reliable, and competent.” (page xiii) The author recognizes that trust is complex and dynamic. She views trust as the “lubricant” that greases the machinery of the organization. Trust is particularly important where parties are interdependent, or the “interests of one party cannot be achieve without reliance upon another.” In schools “teachers and principals are

In the modern age friendship comes in many different shapes and sizes. There's the good and there's the bad. You might even find some types of friendships surprising, for example an "entrepreneurial relationship". In the book "Of Mice and Men" Lennie and George are friends, but not very good friends. George is unfortunately friends with Lennie for the wrong reasons.

"As stated by Lord Evershed in Re Endacott, 'no principle perhaps has greater sanction or authority behind it than a general proposition that a trust by English law, not being a charitable trust, in order to be effective must have ascertained or ascertainable beneficiaries”. However, although the certainty of object is an important principle, it appears that the question in regards to the certainty of objects is one that asks whether there is a limit on the flexibility that exists in regards to discretionary trusts—which applies the ‘class test’ as opposed to the more definitive ‘list based test’ applied to fixed trusts—it may therefore be more appropriate to ask, what degree of uncertainty will be tolerated by the courts?

I would not classify Gene and Finny’srelationship as friends because of many reasons. Gene and Finny’s relationship would beclassified as friends to me in the

(c) Grantor creates a trust with income to S for life, remainder to A if living and, if A is not living, reversion to Grantor if Grantor is living; if Grantor is not living, remainder to

A trust can only be enforceable if it is sufficiently certain. The three certainties of a trust must coincide for a trust to become valid. Absence of any of the uncertainties makes a trust invalid from the start. The three certainties are certainty of the subject matter, certainty of intention and certainty of the objects. All these certainties must be established to make a trust valid. The purpose of the certainty requirement of trusts is to ensure compliance with the intentions of the settlor. For a trust to be enforced, there must be an individual who can compel the trustee to enforce the trust. The trust should also be capable of being implemented for the benefit of a beneficiary. The certainty requirement ensures that a trust is capable of being implemented failure to which would render the concept of trusts pointless.

After writing the trust agreement, the next role for the individual is to put their residence into the qualified personal residence trust. This brings up the question of what kind of residence is allowed to fund one of these trusts. A QPRT may be funded with a principal residence, which is just the main home that one lives in, or a personal residence, such as a vacation home if the person lives there for at least fourteen days of the year. According to the Internal

Benefits of trust are many and varied. A trust is one of the most flexible tools a financial attorney can use. There are various types of trusts available and they can be beneficial to asset protection, income tax planning, and estate planning. The trust that provides the best solution for your needs will depend on a number of different factors.

When creating an express trust knight and knight articulated that there must be certainty of subject matter, certainty of intention and certainty of objects.

The following is a case study of Blackwell v Blackwell, that is connected to the principle of Secret Trusts and particularly Half Secret Trusts. In order for the principle to be understood, it is significant to expatiate on what secret trusts are and the several laws revolving around them. In general terms, a secret trust arises where a testator, A, tells B that he is leaving property to B on his death, and that he wishes B to hold it on trust for C, even though no trust for C has been set out in any formal will executed by A. If B agrees, when the property passes to B on A's death, the court will enforce the secret trust despite its informality and require B to hold the property for C. In secret trusts, two different types are recognised by the courts, one where the trustee and the terms of the trust are not mentioned in the will, this is a fully secret trust while a half secret trust is subject to a trust obligation which is apparent on the face of the Will, but the terms of the trust and the identity of the beneficiary are not disclosed. The trustee is not in position to deny the trust and can not fraudulently take the property because he is a trustee for someone. Equity will not allow him take the property beneficially. The major difference between both is the extent in which disclosure is made as to the recipient of the gift intends to take the property as a trustee rather than for himself. Secret Trusts can also arise where there is no will, it may be in a case of

The definition of friends is a person whom one knows and with whom one has a bond of mutual affection. Friends are the people you trust outside of your family. These are the people that you surrounded yourself with by choice. The ones that you tell your deepest darkest secrets to. The ones that you go to school with or hang out with on the weekends. Your friends become so close to you they become your “family”. For an example, my closest friend, Kaitlyn Arrington, are always getting asked if we are cousins or sisters. Kaitlyn and I do absolutely everything together. I share everything about my life with her, and she does the same to me. I could not imagine my life without her. Friends are the family you get to choose.

In order for interpersonal trustworthiness to exist in organizations, a leader-follower relationship must first exist between the parties involved (Caldwell et al., 2010, p. 500). Once that leader-follower relationship is established, leaders have to earn trust. Leaders earn trust by their respective actions, morals and virtues. Trust is can also be based on past history. If something was done in the past which questions a leader’s values, morals or judgment, it would be unlikely that the leader would be trusted in the future. One of the most important parts of being an effective leader is building and maintaining trust. Trust can further be defined as a “multi-dimensional construct comprising different dimensions of the trustee’s attributes that the trustor evaluates” (Ingenhoff and Sommer, 2010, p. 341).

For a trust instrument to be valid and effective, it must be properly constituted. For a trust to be deemed as completely constituted, all of the relevant formalities must have been satisfied by the settlor, hence the legal title of the property must transfer to the trustees. The reason for a conveyance of property to the hands of trustee is explained in Milroy v Lord (1862) by Turner L.J. is that a valid and effectual voluntary settlement will exist, when the settlor have done everything which was necessary according to the nature of property comprised in the settlement, which is to transfer that particular property to the trustee. This requirement of constitution of trust is clear and straightforward, the

The general rule on constitution of trusts is ‘equity will not assist a volunteer to perfect an imperfect trust’. It is apparent that subsequent case law has sought to depart from such principle by introducing various exceptions which allow incomplete gifts to be perfected. Nevertheless, there has been many criticism and debate in regards to this area of the law since it is felt on the one hand, that the scope is for exceptions is being widened too far, whilst it is argued on the other that it will be unconscionable to the parties for the gift not to be perfected. Nonetheless, the exceptions is inevitable will continue to advance and thus create a topic for criticisms and debate.

By friendship, I mean true friendship, or close friendships. I believe that true friendship is very different from causal friendships. True friendships involve a level of emotional intimacy that you do not find with causal friendships or acquaintances. If you look in the dictionary, it will define friendship as the relationship between friends, or the state of being friends (Merriam-Webster.com). I do not find that the