Logged out
Access All our Essays in an Instant
Swap your work for FREE access, or pay £4.99 for instant access
In order to create a valid inter vivos trust of property which he owns absolutely, the trust must be perfectly constituted and fulfil specific statutory requirements. Discuss
Member rating: No Rating | Words: | Submitted: Mon Jun 19 2006
Page Preview
On the left is an image preview of every page of this document, and below are the first 150 words with formatting removed:
In order to create a valid inter vivos trust of property which he owns absolutely, the trust must be perfectly constituted and fulfil specific statutory requirements. Discuss In order for there to be a valid express private trust, certain requirements have to be satisfied, namely those relating to the three certainties, formalities and the constitution of the trust. In relation to the three certainties, first, the court must be satisfied that the settlor/testator has used words which reveal a clear intention to create a trust in keeping with the equitable maxim that 'equity looks to intent rather than form.' This was demonstrated in Paul v Constance. The court held that 'non-lawyerlike words could be used, the word 'trust' did not have to be used. The words 'this money is as much mine as yours' was held to be sufficient to satisfy the intention to create a trust. Similarly in Rowe v Prance, the...
Get instant access
- Instant, unlimited access to our documents in full
- Swap your work for free access, or pay £4.99
- To see the full version of this document and 147,231 others
Receive email updates for this category
- Simply tell us your email address and receive a weekly Study Help Email for FREE
- Receive 3 FREE essay views with each email
- Get all the latest essays from Coursework.Info & discussion from TheStudentRoom.co.uk
