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Words: 2,000 | Submitted: Fri Mar 07 2008
... the trust. In the case of Knight v Knight Lord Langdale MR identified that in order for a trust to be valid the three certainties must be complied with namely, certainty of intention, certainty of subject matter and certainty of objects. This is needed so that a legal obligation is created as opposed to a moral one.1 In certainty of intention, the settlor must intend to create a trust; there is no easy way of finding out whether a trust was to be created. Even if the word "trust" is used there is no guarantee that this will show a trust was intended to be created, refer to case Midland bank v Wyatt (1995)2. In order to show that a trust was to be created more imperative words should be used in the Will or deed so that the trust does not become void. In certainty of objects, there has ...
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