Certainty of intention

• What is one of the three certainties necessary for the creation of an express trust?

  Certainty of intention
• What does certainty of intention require from a settlor?

  The settlor must possess the intention to create a trust
• How is the necessary intention to create a trust determined?

  It is determined by the settlor's arrangements that create a trust
• What is the defining feature of an express trust?

  An intention to create it
• What is the requisite intention for creating a trust?

  An intention to impose a duty to hold property for a beneficiary
• In the case of Re Oldfield, what did the court conclude about the woman's 'desire' for her daughters?

  The court held that a desire carries no obligation to create a trust
• How can a person's intention to create a trust be ascertained?

  From their words and conduct
• What is the approach of the courts in determining intention to create a trust?

  The courts adopt an objective approach
• What is the significance of written documents in establishing intention?

  They help ascertain the intention of the author
• What principles do courts apply when interpreting written documents regarding intention?

  Meaning of words, context, known facts, and common sense
• Is the use of the word 'trust' conclusive in determining intention?

  No, it is not determinative
• How does the characterization of a transaction affect its nature as a trust?

  The nature is determined by substantive rights and duties, not characterization
• What is a key determining factor in establishing intention in several cases?

  The segregation of funds in a separate bank account
• In Paul v Constance, what evidence supported the finding of a trust regarding the bank account?

  The repeated use of the phrase 'this money is as much yours as mine'
• What did the court acknowledge about the couple in Paul v Constance regarding their understanding of trusts?

  They were ordinary people unfamiliar with the legal concept of a trust
• What does certainty of intention depend on in legal cases?

  It depends on the specific facts of each case
• How can vagueness in the subject matter of a trust affect the intention to create one?

  Vagueness may indicate there was no intention to create a trust
• What was the outcome in Mussoorie Bank Ltd v Raynor regarding the alleged trust?

  The Privy Council rejected the argument for a trust
• What are the key points regarding certainty of intention in creating an express trust?

  • Certainty of intention is required for an express trust.
  • The requisite intention is to impose a duty characteristic of a trust.
  • Intention is ascertained from words and conduct.
  • The word 'trust' is not necessary or conclusive.
  • Interaction may occur with the other two certainties.
  • The determination of intention is fact-specific.
• What is the relationship between certainty of intention and the other certainties in trust law?

  There can be significant interaction between them