The ‘three certainties’
DOI link for The ‘three certainties’
The ‘three certainties’ book
A valid declaration of trust requires the settlor to satisfy the three certainties test – certainty of intention, subject matter (trust property and benefi cial interests) and objects (benefi ciaries). A declaration of trust is equivalent to the settlor manifesting not only his intention to create a trust, but also specifying the details of the trust with such precision that the terms may be objectively identifi ed by the courts. If this requirement is not satisfi ed, it follows that the intended express trust will fail. The courts will be powerless to enforce the obligations intended for the trustees and, consequently, no rights will be obtained by the intended benefi ciaries.