Knight V Knight Summary Knight v Knight 1840 49 ER 58 is an English trusts law case embodying a simple statement of the three certainties principle This has the effect of determining whether assets can be disposed of in wills or whether the wording of the will is too vague to allow beneficiaries to collect what appears on the face of the will to be theirs The case has been followed in most common law jurisdi
The Three Certainties A settlor cannot create a private express trust without establishing the three certainties Knight v Knight 1840 3 Beav 148 Certainty of intention to create a trust Certainty over what constitutes the trust s subject Knight v Knight 1840 49 ER 58 is a landmark English trusts law case that establishes the principle of three certainties This principle serves as a crucial criterion for
Knight V Knight Summary
Knight V Knight Summary
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The concept was defined in Knight v Knight where the Court of the Chancery stated that when property is given absolutely to someone a trust is created if the words used are imperative and if the subject and object of the Knight v Knight 1840 Lord Langdale To be valid as a trust there must be Certainty of intention to create a trust Is a trust intended as a q of fact Certainty of subject matter
Richard Knight by his will dated the 27th day of October 1744 devised his real estates to trustees to the uses trusts intents and with and upon and under the same powers Knight v Knight 1840 Lord Langdale set 3 certainties that are required for creation of a trust 1 words used must be so phrased that taken as a whole they may be deemed to be imperative 2 subject matter of the trust must be certain
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Knight v Knight 1840 3 Beav 148 This case provides that in order to be valid a private express trust must demonstrate the three certainties only then will a court recognise the trust as binding in equity and so enforce its terms in order What is Knight v Knight Knight v Knight is an English trusts law case embodying a simple statement of the three certainties principle
During 1990 Mr Wagstaff s mother Barbara bought a flat for herself to live in the flat On 6 January 1996 she sold the flat to the appellants for 45 000 It was agreed that this was an law education learning The Law Academy is a project designed to provide legal education for students studying law in the UK Subscribe for more content
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Knight V Knight Summary - The three certainties required to declare an express private trust were famously stated by Lord Langdale M R in Knight v Knight 1 The settlor must indicate with certainty
