Question.Consider the tack of the following gifts, specifically whether a valid institutionalise and enforceable has been created:
On the occasion of his long-time girlfriend, B moving into his apartment, A utter to her, This apartment and all its table of contents be yours.
The issue here is whether A has successfully create an express boldness in Bs choose, in which A would declare himself trustee, and B would eventually be entitled to the the apartment and all its contents as beneficiary.
Based on the leading case sawhorse v Knight [1840]: In order for an express trust to be validly declared, three Certainties must be present. These are certainty of intention, certainty of root word matter and certainty of object.
(I) sure thing of words or certainty of intention to create a trust.
There is no requirement that particular language be used. In Re Kayford [1975], Megarry J held that it is well settled that a trust can be created without using the word trust or confidence or the like; the question is whether in substance a sufficient intention to create a trust has been manifested.
Although the word trust was never used, it was clear that A had intention to create such trust in favour of B. A similar case Paul v Constance [1977] utilise here.
In Paul v Constance [1977], Mr. Constance set up a home with his long-time girlfriend/ lover, Mrs. Paul and lived with her until his death. They shared their earnings and the kinfolk expenses. Mr. Constance received a sum of money as fee for an industrial injury. He deposited the money into his bank account (under his furbish up name). Mr. Constance assured Mrs. Paul that This money is as much yours as mine. The Court of Appeal held that the word this money is as much yours as mine was sufficient to constitute a declaration of trust in favour of himself and Mrs. Paul.
(II) Certainty of subject matter or certainty of trust property. The settlor must distinctly identify...If you want to get a full essay, order it on our website: Orderessay
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