Certainty of intention:

Question 1

Re Adams and the Kensington Vestry (1884) 27 Ch D 394

Answer 1

certainty of intention-
It must be clear that the person disposing of the property intended to create a trust, rather than making a gift. There is no need to use the word ‘trust’, but the language should impose a clear obligation on the trustee: Re Adams and the Kensington Vestry (1884) 27 Ch D 394
Precatory words…

Question 2

Re Kayford [1975] 1 All ER 604

Answer 2

words not needed! actions can convey certainty of intention- gave rise to a trust through conduct

Question 3

Re Steele’s Will Trusts [1948] Ch 603 (value of precedent?)

Answer 3

• often misapplied by law students - if words have ben used that have been deemed by the court as a valid declaration of will in the past then it will in the future? but court is wise to the fact that people might want to use the appearance of trust to hide stuff

Question 4

Midland Bank plc v. Wyatt [1995] 1 FLR 697

Answer 4

found a declaration of trust was a sham! - given assets away (equitable title) to wife and children to hide from creditors - obligation to hold solely for benefit of others as key indicator - must be honest and real