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"It is with good reason that equity requires the three certainties are demonstrated and all relevant formalities completed before an express trust will be constituted. The courts have been too willing in some cases to disregard these formalities in order
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Introduction It is a truism that, in English law, a trust places one of the most powerful obligations on the recipient; and as a consequence its responsibilities should not be taken lightly. Equity requires the three certainties and formalities must be completed before an express trustI will be constituted. The three certainties, is 'a description of a set of conditions which, when fulfilled, epitomise the trust.'II For a trust to be properly constituted, it must consist of a minimum set of requirements: certainty of intention, certainty of subject matter and certainty of object. The importance of these matters was recognised by Lord Langdale MR in Knight v KnightIII where he enunciated the principle that a trust cannot exist without the 'three certainties. Reasons for the requirement of certainty and formalities A trust creates legal rights and obligations therefore it is important that a person is not held as a trustee of property...
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