Certainty of Intention

Question 1

What are the three certainties and which case outlined them?

Answer 1

Certainty of intention, objects & subject matter. Knight v Knight (1840) Beav 148

Question 2

What words were sufficient in Paul v Constance [1977] 1 WLR 527?

Answer 2

“As much yours as it is mine” was sufficient.

Question 3

What did Midland Bank Plc v Wyatt [1995] 1 FLR 697 state?

Answer 3

Sham declarations will not be upheld.

Question 4

What was the principle in Harding v Glyn (1739) 1 Alk 439?

Answer 4

Precatory words could be used to create a valid trust.

Question 5

What is the principle in Lambe v Eames (1871) Ch app 597?

Answer 5

Precatory words no longer create a valid trust.

Question 6

What words led the trust in Adams & Kensington Vestry (1884) 2 Ch 370 to fail?

Answer 6

In full confidence.

Question 7

Why did the trust in Comiskey v Bowring-Hanbury [1905] AC 84 succeed (words & reasoning)?

Answer 7

In full confidence was held to be certain because there was a gift over in default.

Question 8

What did LJ Lindley state in Re Hamilton [1895] 2 Ch 370?

Answer 8

If you think no trust was intended, you say so, even if previous judges have said a trust was intended on similar facts.

Question 9

What does Re Steele’s WT [1948] Ch 603 state?

Answer 9

It takes no account that meanings of words change over time.

Question 10

What happens when there is no certainty of intention?

Answer 10

The property will remain in the settlor’s estate.