Introduction

Question 1

Knight v Knight (1840)

Answer 1

The case of Knight v Knight (1840) established that in order to create a valid trust, the terms of the trust must be sufficiently certain. It established three forms of certainty that the courts require: certainty of intention to create a trust; certainty as to the subject matter comprising the trust; and certainty of the beneficiaries (or ‘objects’) of the trust.

Question 2

Why are the three certainties imperative?

Answer 2

These certainties are imperative as it ensures the settlor’s intention is obeyed, that the trustee knows what is expected of them and that the trustee acts within the trust.

Question 3

What maxim do the three certainties uphold?

Answer 3

The three certainties uphold the maxim “equity looks to the intent rather than to the form.” This means that equity will consider the parties intentions and not simply the form of which any documents may have taken. For example, even where parties do not use the expression ‘trust’ the courts will give effect to something which is in substance a trust as a trust (Paul v Constance (1977)).

Question 4

What will this essay discuss?

Answer 4

This essay will discuss each provision of Glenda’s will and advise her trustees, Mohammed and Archibold, of the validity of any trusts by individually assessing the three certainties.