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Three Certainties Rule in Express Trusts

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Three Certainties Rule in Express Trusts

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Questions and Answers

What is the first certainty required for an express trust to be valid?

Certainty as to the Subject Matter

Certainty of Beneficiaries

Certainty of Intention/Words (correct)

Certainty of Trustees

If there is no segregation of the trust fund from other property, what certainty is lacking for the trust to be valid?

Certainty as to the Subject Matter Itself (correct)

Certainty of Objects

Certainty of Intention/Words

Certainty as to the Beneficial Interest

Who must be clear in an express trust regarding the respective shares of the beneficiaries?

Beneficiaries (correct)

Trustees

Settlors

Courts

Which type of trust does not need to fulfill the certainty of objects requirement?

Charitable Trusts Signup and view all the answers

In which scenario would a trust be considered invalid due to lack of certainty as to the beneficial interest?

When it is unclear which part of the property is held on trust for whom Signup and view all the answers

How can a trust be intentionally created by a settlor?

Via a Deed of Trust Signup and view all the answers