Salma Ahmed
English Lit. GCSE Student
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Critically evaluate the doctrine of certainty in the creation of a trust. To what extent would you agree that the courts have been faithful to this doctrine in their development of the trust?"
- Words:
- 2006
- Submitted:
- Sun Feb 01 2009
- Mark submitted by Author:
Have a little read: ... EQUITY AND THE LAW OF TRUSTS COURSEWORK WORD COUNT - 1805 "Critically evaluate the doctrine of certainty in the creation of a trust. To what extent would you agree that the courts have been faithful to this doctrine in their development of the trust?" A trust is an obligation binding an individual called a 'trustee' to deal with property in a particular way, for the benefit of one or more 'beneficiaries'. A declaration of trust must be 'certain' which means that a settlor must declare the terms of the trust with sufficient 'certainty' or precision for the trustees to know what they must do, or the intended trust fails. The classification of certainty usually cited is that of Lord Langdale in the case of 'Knight v Knight (1840)'1. The classification has been criticised, nevertheless it is the one that has been adopted by the Courts. Lord Langdale laid down the principle that 'three certainties' are required for
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