Certainty of Intention Flashcards
Which case outlined the 3 certainties?
Knight v Knight (1840)
What are the 3 certainties?
- Intention
- Subject Matter
- Objects
ALL are needed for there to be a trust.
What are precatory words?
Words that’re insufficient to show certainty of intention - e.g., I hope
What are imperative words?
Those that impose a certainty of intention - e.g., I direct, it is your duty etc.
Which case tells us that precatory words are not enough for a trust?
Lambe v Eames (1871)
What does the case of Shah v Shah [2010] tell us?
A letter being written is often enough for there to be a trust as there was sufficient certainty of intention.
Which case tells us that precatory words are no longer considered to be enough for certainty of intention of a trust?
Comiskey v Bowring-Hanbury [1905]
What does Re Hamilton (1895) tell us?
The wording in each case must be interpreted by the courts to ascertain whether there’s a certainty of intention.
What does Re Steele’s Will Trusts [1984] show us?
- Courts will follow precedent rather than the rules around precatory words.
- It is important to analyse the words used to ascertain the Settlor’s intention.
S.21(1) Administration of Justice Act 1982
Allows extrinsic evidence to be admissible to help ascertain the intention of the will.
What case tells us that conduct can be analysed to show certainty of intention?
Paul v Constance [1977]
Jones v Lock (1865)
Loose conversations do not show any certainty of intention
What is needed to show sufficient certainty of intention?
A statement that the property is “theirs” sufficed in Rowe v Prance [1999]
Which case tells us that equity looks to the substance of the trust and not the form?
Tito v Waddell (No.2) [1977]
Snook v London and West Riding Investments Ltd [1967]
Shams will NOT be upheld
ND v SD and others [2017]
The legal hurdles to establish a sham trust are quite high
Which case tells us that Certainty of Intention is based on an objective assessment?
Twinsectra v Yardley [2002]
Re Kayford [1975] - Certainty of Intention in a commercial context.
Putting money from customers into a separate bank account is enough for there to be a trust.
What happens to a trust if there is no certainty of intention?
There is no trust!
- The “trust” will be classed as an outright gift to the recipient.
S.22 Administration of Justice Act 1982
A Statutory intervention made to resolve a situation if there’s uncertainty of intention - e.g., using it on homemade wills.
