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(p. 190) 7. Certainty 

(p. 190) 7. Certainty
(p. 190) 7. Certainty

J E Penner

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date: 03 July 2020

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. A declaration of trust must be ‘certain’, meaning that a settlor must declare the terms of the trust with sufficient ‘certainty’ or precision for the trustees to know what they must do, or the intended trust fails. This chapter discusses the ‘three certainties’, following Knight v Knight (1840): certainty of intention; certainty of subject matter; and certainty of objects, in both the traditional family and commercial contexts. The first concerns the question whether what the putative settlor did or said amounts to a declaration of a trust over his property. The second requires that the property that is to form the trust corpus is identifiable. The third requires that the intended beneficiaries, the ‘objects’ of the trust, are identifiable.

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