The Three Certainties in Trust Law: An Analysis of Intention, Subject, and Object Case Study

The Three Certainties in Trust Law: An Analysis of Intention, Subject, and Object

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Certainty of Intention

Certainty of intention refers to building the trust of the donor and granter in any kind of agreement. It created trust with the proper consciousness of the donor. Certainty of intention does not depend on any specific language to build up the trust of the donor and granter. It provides a properly structured way to draft the intention of both parties and create trust. The term trust is placed in the agreements to highlight the intention of the parties¹. In the case of Knight vs. Knight2 Lord Langdale established that certainty of intention established trust between two parties in the agreements. Both parties showed trust in each other and reached an agreement that is legally valid. Certainty of intention makes agreements valid and ensures the creation trust of between both parties involved. 

The case of Lambe v Eames3 presented a conclusion of imperative words to execute the agreements. These words have ensured trust among both parties involved in the agreement. It also helps to highlight the intention of building trust among both the donor and testator and performing the duties. However, it did not define the duties of the donor to the property of the testator and the process of dealing. The words used in the agreements express the intention of both parties and their meanings to the agreement. A trust of intended gifts is not expressing the specific interest of the parties involved in the agreement. Perfect or imperfect gifts play a pivotal role to create trust among the parties involved in the agreement. These types of words express the intention of gifts provided to the parties and create trust. 

Secret trust is another kind of trust that involves an agreement and helps to build trust between donor and granter. It has two different aspects of trust that includes half-secret trust and full-secret trust⁴. Half-secret trust refers to an unclear expression of beneficial intentions and interests of both parties involved in the agreement. A full-secret trust established the beneficial intention of parties involved in the agreement and defines the intention of gift to the donor or testator. Communication plays a crucial role to establish secret trust among parties involved in the agreements as well as define the validity of gifts. A clear definition of intention to the agreement to the trustee is also an essential component to create trust among parties of the agreement. Acceptance of intention to donor and granter plays a crucial role to establish trust and ensure the validity of the agreement.

In the case of Paul v Constance ⁵ the court defined that an intention to build trust can abstain from the donor's action related to the agreement. Mr. Constance parted ways with his wife instead of giving a legal divorce. However, Constance claimed a sum of £950 on the ground of personal injury from his proprietor⁶. His wife withdrew money from the bank with his permission and paid some joint winnings based on the agreement. Mr. Constance disclosed his money in the bank account and after that; his first wife withdrew it from his account. Business entities exchange money from different sources instead of their all funds showing the intention of trust. It developed enough interest to create trust among both parties. 

Certainty of Subjects

Certainty of subject refers to the matter of the subject being specific to the agreement and creating trust among parties. The property needed to be separated from others' property in order to build trust. Clarity plays a crucial role in this legal prospect to create trust among parties involved in the agreement. Intentions to build the trust needed to be separated from others' intentions to build trust among parties. There are two major components to validate the subject matter and ensure clarity. These elements include property that is put on hold for generating trust needs to be clear, and the interest of the beneficiary must be clarified properly⁷. 

The case of London Wine Company (Shippers) Ltd⁸ raised the question that a customer would able to access the supplier's stock of a wine shop to available suppliers' creditors. However, the court stayed the decision to differentiate customers' stock from the supplier's stock of the wine shop. This case showed that no trust has been raised between the two parties in the agreement. Relative words are beneficial to clarify the intention of building trust among the parties involved in the agreement. An improper definition of trust could lead to the failure of the plea and declines the validity of the agreement. 

In the case of Hunter v Moss⁹, stated that intangible assets hold different property values apart from tangible assets to clarify the intention of creating trust. The case depicted that Mr. Hunter holds his employment contract in lieu of 50 to 1000 shares taken by Mr. Moss. After that, Mr. Moss sold all the shares and continues proceedings. The court holds the order on the ground of identical shares and difficulties to determine the shares. The court stated that Mr Moss holds shares in his trust of him and provide an employment contract¹⁰. Under the circumstances, it was a matter of trust and ensures certainty of the intention to build up the trust. It provided validity of the trust in the case and its intention to build among both of the parties. 

Certainty of Objects 

Certainty of objects refers to the presentation of certainties to build up a private trust. It refers that beneficiaries are observable to the court and express their intention to generate trust. However, without an established certainty of trust, the trustee would hold the property from the testator. The testator could reclaim it through the legal process and build up trust in the property with a valid intention. However, the trust needed to be created based on the legal framework. 

In the case of Blackburn v Attorney General¹¹ , depicted that in the absence of fraud enables the testator to execute the task previously assumed task and approved his contents¹². The testator could seek declarations to avoid doubtful authority over his property and look for previous regulations. It could help to build trust and clarifies the intention to create trust. The case has shown the certainty of objects to provide validity of testator authority over his property. 

Concepts of the factual scenario

In terms of English law, it is believed that the trust puts one of the considerable powerful responsibilities on the potential trustee and as a development; its obligations should not be accepted lightly¹³. Equity demands that the three assurances and formalities be conducted before a trust will be formed in terms of developing a faith to be properly formed¹⁴. It requires to consist of a group of requirements such as “certainty of intention", "certainty of subject matter" and "certainty of an object”¹⁵. The aspect of trust is essential to delivering the best facilities to will trust is an essential element to assuring the delivery of the amount to the participants. The law of the entire will regards the will as mandatory to sign the exact individual. Lack of documents and adequate information develops a barrier to developing the procedure of the will. This will lack the trust of the court as no details about the person of friends, communities, and the shares are explained and will develop a science of misgiving the court as the court is unable to find the members of the court¹⁶. This approach delivers a science of misgiving to the court and increasing the chances of elimination of the will as the fund is also not described in the mane and their shares are a question for the court. The words described in the will are indifferent to the court by divining the am, or to the people, as a result, the will can be considered invalid.

Legal issues which are raised by that wording

In terms of law, it is essential to mention the will to assure the clarity of the documents and the division of the entire paper. A legal record must be prepared in a manner that categorically defines the legal problem, every detailed statement of the consumer, and the remedies aimed if any. Legal drafting is considered as essential as it provides that the legal record is structured correctly. A briefly drafted document plainly expresses its meaning and relevance. It is essential to mention the detailed elements of the piece in law as legal documents hold the trust documents, living will, testament, and other detailed certifications to ensure the adequacy of the will. Good documentation is the key approach to producing the best-provided information. This will is developed in clause three gods many flaws such as the amount of £10,000.00 will be paid to many as it is described that all my good friends, the name of their friend's descriptions, and their adequate information are essential to delivering the amount, therefore, it lacks the details of the friends in the paper. This particular line "the members at Royston Vesey cricket club and to the regulars at the local pubs of the village including “the hanging judge", "the highwayman'', and "the old courthouse'' these names and clubs requires to be maintained properly and the details about each member are essential for the court to distribute and deliver the manual. This bill requires a huge modification to present the will and assuring the division of will to the people. The missing description of each division and the shares of each member is essential. The will lacks the shares of each portion of the amount to each individual; this delivers a lack of information that leads to the cancellation of the will and the entire fund will not be delivered to the groups, as the court is unable to find the members. This bill requires writing inappropriate manners such as the pace, people, and description of each individual in each group as well as the amount delivered to each member of the group. This dispute of the division of money will help the court to ensure the delivery of the token amount to the right person. “The Wills Act 183” is implemented in this case¹⁷.

In clause 4 the sign of the amount is wrong as a result the specification of the amount is unclear. This clause lacks the details of the structures and the decision is unclear about the clause. The description of legal documents is necessary to assure that the delivery of the amount is delivered to the adequate person; only a country or place cannot provide the information of people. “Act of Parliament” is implementing in this aspect as this lack of information is a huge gap to mitigate as sure of this as the mistakes of symbol of amount¹⁸. Lack of information of documentation, as well as the potation of the amount, it is not written in the paper. The will holds a strong chance to be canceled by the laws.

Reflection

This research has helped me understand the importance of education and the experiences of a law solicitor as a law solicitor understand the aspects of writing a will. To study the law by concentrating, breaking, and unraveling the law into independent parts: it can be unadorned as analyzing and explaining the latest regulations and statutory procedures or as complicated as explaining, decoding, and criticizing detailed cases or regulations. Legal analysis entails assessing legal issues. A will cannot be written with the help of Google only, as there are many aspects and clauses included in the will and a small mistake in the legal paper holds the chance to be canceled. In the case of delivering the will, each detail about the individual and adequate information about the particular individual is essential as it delivers the assurance of delivering the property to the right hands. Modification of the bill requires it to be checked before rapping it in the court as it will take a higher time to be approved or can be discarded. As per the clauses provided in the paper, the bill lacks the description of shareholders' percentage and most importantly the description of the participants of the groups. A pattern of advocacy requests legal analysis for each concern that is addressed. It is essential to collect legal transmission related to the subject, which could contain regulations, precedents from the bench, businesses or usage, and global position. Therefore it is essential to inform the court of adequacy regarding each small detail to assure the development of a potential will, as well as it is also essential to understand the object involved, problems, persons involved, and inadequate pace of occurrence.

References

Claims.co.uk (2018).The certainty of intention: a requirement when creating an express trusthttps://www.claims.co.uk/knowledge-base/estate-law/certainty-of-intention/. Accessed on 28.02.2023

Case Law: - KNIGHT V KNIGHT (1840) 3 BEAV 148

Xxiv.co.uk (2021).Certainty of intention and the creation of secret trusts in a recent casehttps://xxiv.co.uk/certainty-of-intention-and-the-creation-of-secret-trusts-in-a-recent-case/. Accessed on 28.02.2023

Case Law: - LAMBE V EAMES (1871) LR 6 CH APP 597

Lawsources.co.uk (2023) .Paul v Constance [1977] 1 WLR 527 Court of Appealhttps://e-lawresources.co.uk/Land/Paul-v-Constance.php. Accessed on 28.02.2023

Case Law: - Paul v Constance [1977] 1 WLR 527 Court of Appeal

Oxbridgenotes.co.uk (2023) .CERTAINTY OF SUBJECT MATTERhttps://www.oxbridgenotes.co.uk/revision_notes/law-trusts-and-equity/samples/certainties. Accessed on 28.02.2023

Case Law: - London Wine Co (Shippers) Ltd [1986]

Vlex.co.uk (2023) .Hunter v Mosshttps://vlex.co.uk/vid/hunter-v-moss-794058737. Accessed on 28.02.2023

Case Law: - Hunter v Moss [1994] 1 WLR 452

Cambridge.org (2023) .Trusts—Discretionary Trusts—Certainty of Objectshttps://www.cambridge.org/core/journals/cambridge-law-journal/article/abs/trustsdiscretionary-trustscertainty-of-objects/462579A5CD43DE28F4DA2966E2A2FB45. Accessed on 28.02.2023

Case Law: - Blackburn v Attorney-General [1971] 2 All ER 1380

“Human Rights Act Reforms and the Bill of Rights Bill” (The Law Society

expert LNPC, “Nature and Classification of Trusts-the Three Certainties: Legal Guidance” (LexisNexis

“The Three Certainties - Revisesqe” <https://revise4law.co.uk/wp-content/uploads/2021/03/Trusts-9781914213038_web_chapter-1.pdf> accessed February 28, 2023

Chauhan HK, “Certainty of Intention & 'Paul v Constance'” (Academia.edu

Reading TUof, “The Three Certainties Required to Declare a Trust – or Is It Four? ‘Distributional Certainty’” (CentAUR

“Everything You Need to Know about Will Trusts: The...” (The Gazette