ABSTRACT
In creating an express trust the settlor must ensure that his declaration is framed in clear, unambiguous terms in order to allow the trustees to discharge their duties properly, minimise the scope for controversy and litigation and enable the courts to carry out the trust if this becomes necessary. It was thus laid down in such cases as Wright v Atkyns (1823) and Knight v Knight (1840) that the declaration must be certain in three respects: • the intention to create a trust must be manifest-certainty of intention
(or words); • the property to be held on trust must be certain-certainty of subject
matter; • the beneficiaries must be certain-certainty of objects.
