ABSTRACT
The ‘three certainties’ is simply a shorthand description for a set of conditions which, when fulfilled, epitomise the trust. These certainties constitute the minimum set of requirements or terms necessary in order to declare the trust. In simple terms, every trust must be established with:
(a) certainty of intention, so as to indicate that the holder of the property is under a trust obligation and must use the property according to the terms of the trust;
(b) certainty of subject matter, so as to ensure that the property which is the subject matter of the trust obligation is clearly defined or definable; and
(c) certainty of objects, so as to ensure that the beneficiaries to whom the trustee owes his onerous duties are clearly ascertainable and in whose favour the court can enforce the trust should the trustee fail in those duties.
