Скачать или смотреть The Three Certainties Building a Valid Trust

This video discusses the three certainties required for a valid trust in common law which are certainty of intention, certainty of subject matter, and certainty of objects.

It clarifies that:

1. the settlor must clearly express an intention to create a legal obligation, not merely a moral one, and that this is assessed objectively.
2. the property held in trust must be clearly identifiable, distinguishing between fungible and non-fungible assets, and
3. beneficiaries must be ascertainable, with different tests applying to fixed trusts versus discretionary trusts and powers of appointment.
4. Finally, the video touches upon the consequences of a trust failing due to a lack of any of these certainties, often resulting in the property reverting to the original owner.

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