ABSTRACT
In this chapter, the focus is on the three certainties, all of which are required in order for the trust to be properly declared. When reading this chapter, pay particular attention to:
Certainty of intention – it must be clear that the settlor truly wanted to establish a trust. The case law on this point focuses on settlors using vague words and, through their use, not evidencing a true intention to set up a trust;
Certainty of subject matter – this focuses on the actual property that the settlor wishes to leave on trust. Obviously, in order for the trustee to administer the trust properly, it must be clear both what property is being left on trust and also, if there is more than one beneficiary, the shares in which those beneficiaries are to enjoy the trust property; and
Certainty of object. Arguably, this is the most difficult certainty for students to grasp. Read this section of the chapter particularly carefully, focusing on the difficulties settlors have met when trying to be clear over who is to benefit in a discretionary trust.
