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Hi, need to submit a 2500 words essay on the topic Trust Law Assignment.As a result there is no uniform set of rules capable of general application.As often happens, the applicable standards in one ca
Hi, need to submit a 2500 words essay on the topic Trust Law Assignment.
As a result there is no uniform set of rules capable of general application.
As often happens, the applicable standards in one case may be obsolete in another case. Therefore, ascertaining the validity and enforceability of a declaration of trust can be an onerous task. Ivor’s attempt to create trusts is no exception as will be borne out in the preceding passages.
When Ivor Fortune conveyed his seaside property to his brother Max with specific instructions that he hold the same in trust for Ivor’s mistress Gloria, absolutely, the instructions constituted a declaration of trust. Whether or not it amounted to a valid and enforceable declaration of trust is another matter entirely. Certainly Ivor’s instructions to Max were sufficient to create a trust since a declaration of trust can be created by word of mouth ‘or even inferred from conduct.’1 In fact, failure to use specific words, do not render the creation of a trust invalid as ‘no particular form of words are necessary.’2
Indeed Ivor’s instructions to Max are consistent with the three requisite certainties necessary for the creation of a trust. These certainties are certainty of subject matter, intention as well as objects. The subject matter is the trust property, intention is words and conduct capable of defining the intent by the donor to create a trust and the objects are the intended beneficiaries.3 That said, the subject matter is the seaside property, the intention to create a trust are contained in the instructions given to Max and the object is Gloria.
The validity of the trust is compromised by the fact that it is not an ordinary declaration of trust. The trust created by Ivor is a secret trust which requires closer examination. A secret trust is created when a donor makes a transfer of putative trust property to another by virtue of a deed of trust or a will or by some other instrument while separate and apart from the bequest requests that the property be
