Three Certainties of Trust

These are first class notes on the Three Certainties of trust, which is one of the first topics you will study on your Equity and Trusts law course. The cases provide easy to read quick summaries. Every case is given to the learner in a brief synopsis together with the relevant citations and information. The case's ratio and the explanation of how it interacts with the general principle come next. There is also recommendations on how the case ought to be handled in the discussion. There is also some very useful academic commentary. If you want a first in Trusts then this is a good first step.

Cases

Certainty of intention

Paul v Constance [1977] 1 WLR 527, CA

Shah v Shah [2011] 1 P. & C.R. DG19, CA

Mugsoorie Bank v Raynor (1882) 7 App Cas 321

Lamb v Eames (1871) LR 6 Ch App 597

Re Adams and Kensington Vestry (1884) 27 Ch D 394

Comisky v Bowring-Hanbury [1905] AC 84, HL

Jones v Lock (1865) 1 Ch App 25

Certainty of subject matter

Palmer v Simmonds [1854] 2 Drew 221

Sprange v Barnard (1789) 2 Bro CC 585

Boyce v Boyce (1849) 16 Sim 476

Re Kolb's Will Trusts [1962] Ch. 531

Re Golay’s Will Trusts [1965] 1 WLR 969

Ottaway v Norman [1972] Ch 698

Re London Wine Co Ltd [1986] PCC 121

Hunter v Moss [1994] 1 WLR 452 (Affirmed in Re Harvard Securities [1998] BCC 567)

Certainty of object  (Who are the beneficiaries)

Inland Revenue Commissioners v Broadway Cottages Trust [1955] Ch. 20 (overruled)

Re Gulbenkian’s Settlements [1970] AC 508

McPhail v Doulton [1971] AC 424

Re Baden Deed Trusts (No 2) [1973] Ch 9

R v District Auditor, ex p West Yorks MCC (1986) 26 RVR 24, noted [1986] CLJ 391

Re Manisty's ST [1974] Ch 17

Re Coxen [1948] Ch 747

Re Leek [1969] 1 Ch 563

Re Tuck’s Settlement Trust [1978] Ch 49

Re Tepper's WT [1987] Ch 358