Law of Trusts Coursework Example | Topics and Well Written Essays - 750 words

Law of Trusts - Coursework ExampleIn this case the testator in varyring topographic point to his wife denotative a wish that she did was as right for their children with regards to disposing of the property.4 The lonesome(prenominal) difference between Adams transfer and the transfer of property in Re Adams is that Adams words were more specific and contains more proof relative to his intentions to create a trust. However, since, Alfreds beseech came after he had already transferred the property to Barbara, Alfred did not create a trust as a declaration of trust can only occur upon or prior to the transfer of the property in question. In any event, a request is insufficient to constitute deduction of intention.5 Once Alfred transferred the property to Barbara he no longer had any countenance over the property.6 As for Barbara, it is entirely doubtful that she mean to create a trust as she only if agreed with Alfred and can therefore be said to be acting on a deterrent exa mple obligation which is not sufficient enough to establish intention to create a trust.7 Certainty of objects refers to the certainty with which the beneficiary of a trust can be identified.8 At the end of the day, it must be thinkable to state with some degree of certainty that a particular beneficiary is the intend object of the trust.9 In a fixed trust such as the one contemplated by Alfred, the identity of the beneficiary is explicit so that the trustee does not have a discretion to determine who is and should be included in the category of entitled beneficiaries. The important thing in both discretionary and fixed trusts is that there is soul that can be identified with a degree of reasonable certainty that is entitled to the benefits of the trusts.10 There is no question that certainty of object is established in this particular case as it is clear that Chloe is the intended beneficiary. With respect to certainty of subject, the trust property must be identifiable. At the end of the day, the trustee must be put in a position to know what property transferred to him by the donor is relevant to the trust.11 There must be certainty as to what portion of the property must be overlap or distributed among the identifiable beneficiaries.12 There is no uncertainty with respect to the division of the property in question. The intended disposition is for Chloe to be able to live in the house as long as she ineluctably to. However, there are two main problems with certainty of subject. First, it is not binding on Barbara and therefore not binding on David. The three certainties are fluid and if certainty of intention is not found to exist, certainty of object will therefore be inconsequential. Secondly, the intended trust deals with the disposition of an equitable interest in land and thus there are certain formal requirements that must be observed in order for the trust to be valid and enforceable. Pursuant to Section 53(1)(b) of the Law of Property Act 19 25, where a trust is declared in land or interest therein