McPhail v Doulton

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. The three certainties The three certainties rule was established in Knight v Knight where the court held that the will was not specific enough to result in a valid trust. The court noted that in order for a trust instrument to be valid, it must be certain in intention,

Essay Question "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

must meet three certainties: (Knight v Knight) Certainty of intention Certainty of subject matter Certainty of objects/beneficiaries Fundamental principle: the trust must be capable of being controlled + enforced There must be “sufficient practical certainty in [the trust’s] definition for it to be carried out, if necessary with the administrative assistance of the court, according to the expressed intention of the settlor” (Lord Wilberforce in McPhail v Doulton (1970)) There is a trust instrument

In Blausten v IRC , a power to appoint anyone in the world was valid by the Court of Appeal but was upheld on the basis that the trustee needed consent from the settlor to add anyone. . According to Antony Duckworth , the powers can also be limited like where the

The modern trust law has its origin in the use (from the Latin ab apus) which was developed as the response of equity to the shortcomings of the common law. A trust is very difficult if not impossible to define, but its essential elements are reasonably easily described and readily understood. There is no statutory definition of a trust . It has been the courts that, over the years, have developed the rules relating to the trust, so all one can do is provide a description of the trust, which reflects

and the trustee will hold a resulting trust in the testator’s estate. In Gomez et al v Gomez et al the testator bequeathed residue of real and personal estate to Margaret, Joyce and Yvonne in equal shares. Yvonne predeceased testator. The court held that by listing the name of the beneficiaries, the share of Yvonne as to residue of realty and personalty lapsed and passed on intestacy. Compare Gomez v Gomez to Boyce v Boyce where the testator devised two houses to Maria and Charlotte, with Maria predeceasing

1. Introduction 1. Equity and Trusts * Equity is a particular body of law, consisting of rights and remedies, which evolved historically through the Courts of Chancery to mitigate the severity of the common law. * The trust has been characterised as the greatest and most distinctive achievement in equity although an exact definition of the trust has proven difficult. * Equity would recognise and enforce rights and duties that were not known to the common law. * E.g. the common