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Three certainties

Index Three certainties

The three certainties refer to a rule within English trusts law on the creation of express trusts that, to be valid, the trust instrument must show certainty of intention, subject matter and object. [1]

34 relations: Alastair Hudson, Beneficiary, Blanshard Stamp, Brian Dillon (judge), Certainty in English law, Court of Appeal (England and Wales), Creation of express trusts in English law, David Jenkins, Baron Jenkins, David Neuberger, Baron Neuberger of Abbotsbury, English trust law, Eric Sachs, Henry Bickersteth, 1st Baron Langdale, Hunter v Moss, John Megaw, John Scott, 1st Earl of Eldon, Jones v Lock, Knight v Knight, McPhail v Doulton, Nathaniel Lindley, Baron Lindley, Paul v Constance, Peter Oliver, Baron Oliver of Aylmerton, Re Baden's Deed Trusts (No 2), Re Goldcorp Exchange Limited (in receivership): Kensington v Liggett, Re Gulbenkian's Settlements Trusts, Re Harvard Securities Ltd, Re Kayford Ltd, Re London Wine Co (Shippers) Ltd, Re Tuck's Settlement Trusts, Robert Megarry, Sunderland A.F.C., Testator, Tom Denning, Baron Denning, Trust instrument, Trustee.

Alastair Hudson

Alastair Hudson (born 6 November 1968), FHEA, FRSA, is an English barrister and academic.

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Beneficiary

A beneficiary (also, in trust law, cestui que use) in the broadest sense is a natural person or other legal entity who receives money or other benefits from a benefactor.

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Blanshard Stamp

Sir Edward Blanshard Stamp QC (21 March 1905 – 20 June 1984), also styled The Rt.

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Brian Dillon (judge)

Sir George Brian Hugh Dillon (2 October 1925 – 22 June 2003), usually known as Brian Dillon, was a British judge who sat on the Court of Appeal.

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Certainty in English law

Certainty in English law sets out rules for how judges will interpret, sever or put contracts, trusts and other voluntary obligations into effect.

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Court of Appeal (England and Wales)

The Court of Appeal (COA, formally "Her Majesty's Court of Appeal in England") is the highest court within the Senior Courts of England and Wales, and second only to the Supreme Court of the United Kingdom.

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Creation of express trusts in English law

The creation of express trusts in English law must involve four elements for the trust to be valid: capacity, certainty, constitution and formality.

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David Jenkins, Baron Jenkins

David Llewelyn Jenkins, Baron Jenkins (8 April 1899 – 21 July 1969) was a British judge.

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David Neuberger, Baron Neuberger of Abbotsbury

David Edmond Neuberger, Baron Neuberger of Abbotsbury, (born 10 January 1948) is an English judge.

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English trust law

English trust law concerns the creation and protection of asset funds, which are usually held by one party for another's benefit.

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Eric Sachs

Sir Eric Leopold Otho Sachs, (23 July 1898 – 1 September 1979) was a British barrister and judge.

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Henry Bickersteth, 1st Baron Langdale

Henry Bickersteth, 1st Baron Langdale, PC (18 June 1783 – 18 April 1851) was an English law reformer and Master of the Rolls.

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Hunter v Moss

Hunter v Moss 1 WLR 452 is an English trusts law case from the Court of Appeal concerning the certainty of subject matter necessary to form a trust.

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John Megaw

Sir John Megaw, (16 September 1909 – 27 December 1997) was a British judge who eventually rose to Lord Justice of Appeal and Irish international rugby union player.

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John Scott, 1st Earl of Eldon

John Scott, 1st Earl of Eldon, (4 June 1751 – 13 January 1838) was a British barrister and politician.

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Jones v Lock

Jones v Lock (1865) 1 Ch App 25 is an English trusts law case, concerning the formality for creating a gift, and the possibility that if the gift were not properly completed with the required legal form, a trust could be found.

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Knight v Knight

Knight v Knight (1840) 49 ER 58 is an English trusts law case, embodying a simple statement of the "three certainties" principle.

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McPhail v Doulton

, also known as Re Baden's Deed Trusts (No 1) is a leading English trusts law case by the House of Lords on the certainty of beneficiaries.

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Nathaniel Lindley, Baron Lindley

Nathaniel Lindley, Baron Lindley, (29 November 1828 – 9 December 1921) was an English judge.

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Paul v Constance

is an English trust law case.

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Peter Oliver, Baron Oliver of Aylmerton

Peter Raymond Oliver, Baron Oliver of Aylmerton PC (7 March 1921 – 17 October 2007) was a British judge and barrister.

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Re Baden's Deed Trusts (No 2)

is an English trusts law case, concerning the circumstances under which a trust will be held to be uncertain.

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Re Goldcorp Exchange Limited (in receivership): Kensington v Liggett

Re Goldcorp Exchange Ltd is an English trusts law case by the Judicial Committee of the Privy Council decision on appeal from the Court of Appeal of New Zealand. It considers when there is sufficient certainty of subject matter to form a trust, and tracing. A company dealing in gold and other precious metals became insolvent and the Bank of New Zealand appointed receivers under a debenture. They in turn asked the High Court for guidance on how to treat the company's customers, and Thorp J refused the claims of most of the customers, leaving three categories to be settled on appeal. The outstanding issue was whether the customers had title to the gold on for them, and thus beneficiaries of a trust, or were merely unsecured creditors resulting from a breach of contract.

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Re Gulbenkian's Settlements Trusts

Re Gulbenkian’s Settlements Trusts is an English trusts law case, concerning the certainty of trusts.

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Re Harvard Securities Ltd

Re Harvard Securities Ltd is an English trusts law case, concerning the certainty of subject matter in a trust.

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Re Kayford Ltd

Re Kayford Ltd (in liquidation) 1 WLR 279 is a UK insolvency law and English trusts law case, concerning the creation of a trust over payments made by consumers, in an insolvent company.

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Re London Wine Co (Shippers) Ltd

Re London Wine Co Ltd PCC 121 is an English trusts law case, concerning the necessity of ascertaining assets subject to a trust.

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Re Tuck's Settlement Trusts

Re Tuck's Settlement Trusts is a leading English trusts law case, concerning the certainty of trusts.

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Robert Megarry

Sir Robert Edgar Megarry, PC, FBA (1 June 1910 – 11 October 2006) was an eminent British lawyer and judge.

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Sunderland A.F.C.

Sunderland Association Football Club is an English professional football club based in the city of Sunderland, Tyne and Wear.

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Testator

A testator is a person who has written and executed a last will and testament that is in effect at the time of his/her death.

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Tom Denning, Baron Denning

Alfred Thompson “Tom” Denning, Baron Denning, (23 January 1899 – 5 March 1999) was an English lawyer and judge.

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Trust instrument

A trust instrument (also sometimes called a deed of trust, where executed by way of deed) is an instrument in writing executed by a settlor used to constitute a trust.

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Trustee

Trustee (or the holding of a trusteeship) is a legal term which, in its broadest sense, is a synonym for anyone in a position of trust and so can refer to any person who holds property, authority, or a position of trust or responsibility for the benefit of another.

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Redirects here:

Certainty of intention, Certainty of objects, Certainty of subject matter.

References

[1] https://en.wikipedia.org/wiki/Three_certainties

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