6 Questions
What is the first certainty required for an express trust to be valid?
Certainty of Intention/Words
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
Who must be clear in an express trust regarding the respective shares of the beneficiaries?
Beneficiaries
Which type of trust does not need to fulfill the certainty of objects requirement?
Charitable Trusts
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
How can a trust be intentionally created by a settlor?
Via a Deed of Trust
Learn about the Three Certainties rule required for an express trust to be valid, including Certainty of Intention/Words. Explore the importance of clear intentions by the settlor to create a trust and how the court interprets such intentions.
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