... two main reason for certainty is firstly, to ensure property is correctly identified and in accordance with the wishes of the settlor, sometimes there can be doubt to those wishes which leads to the courts to play safe rather than risk an unauthorised disposition of a persons property. Secondly, it is less obvious that the trustee can usually act in a professional capacity. A typical trustee of 20 years ago is different in nature and rules which originally developed around the order type of the trustee. The three criteria which is commonly called the three certainties must be met in order to establish a valid trust. Lord Langdale said in Knight v Knight 1 an express trust will not be created unless the three certainites are present. It was also said that there would be no difficulty in the application of the rule the three certainites 'in simple cases' the construction of a will, the court will try to ...

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