“Court establishes three certainties doctrine for valid trust creation”
Thomas Knight attempted to create a trust but failed to specify clearly the beneficiaries, the trust property, or express a definite intention to create a trust. The court was asked to determine whether a valid trust had been created despite these uncertainties.
What are the essential requirements for the creation of a valid trust under English law?
No valid trust was created due to lack of the three certainties. The court established that certainty of intention, certainty of subject matter, and certainty of objects are all essential requirements for a valid trust.
This case established the foundational three certainties doctrine that remains the cornerstone of trust law in England and Wales. It provides the essential framework that courts still use today to determine the validity of trust arrangements.
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OSCOLA Citation
Knight v Knight (1840) 3 Beav 148
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