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Knight v. Knight (1840).
Member rating: No Rating | Words: | Submitted: Mon Dec 22 2003
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It is a cardinal principle of the law of equity that a trust may only be valid, that is, enforceable by the beneficiaries against the trustee, if it has been created with certainty of intention, certainty of subject matter and certainty of objects which was defined in Knight v. Knight (1840).1 Along with the beneficiary principle, these three certainties represent the inherent attributes of a trust. The requirement for certainty of intention (or certainty of words) ensures that the potential trustee of property is clearly placed under a duty to use the property in the way intended by the settlor or testator. Such certainty exists where the words used by the settlor or testator reveal the imposition of a trust obligation on the intended trustee as distinct from an intention to transfer the property to that person absolutely. It is what distinguishes a transfer by way of trust from a...
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