Equity and trusts Essay Example | Topics and Well Written Essays - 3000 words

Equity and trusts - Essay ExampleIf each of these elements can be ascertained by reference to Sadhias will and trust instrument, the trustees will be bound by her dispositions. However, the emphasis is on certainty of function. It was held in Tana & Anor V Tana & Anor, that certainty of intention is in many ways the most important certainty.2 Therefore, in a typical case, once the court is satisfied that the declarant had the requisite intention it will sift to validate it.3 It is against this background that the trustees of Sadhias estate should proceed. Bearing in mind that certainty of intention is the most important element for determining whether or not each of Sahdias gifts form valid declarations of trusts, the trustees are advised to proceed with this mindset.The gift of the cottage to Sadhias husband appears at first descry to be a discretionary trust in that the declaration assumes that her husband will do what is necessary to benefit the children of the marriage. In oth er dustup Sadhia has unexpended the question of their childrens benefit up to her husbands broad discretion. Certainty of subject matter is unambiguously Sadhias cottage and that is assuming Sadhia scarcely has one cottage capable of being distinguished from any other realty she leaves behind. The objects of the trust are also unambiguously stated and are the children that Sadhia shares with her husband.The difficulty however, involves certainty of intention. It was held in Wright v Atkyns Turn & R 143 it is possible to descern whether or not there was an intention to create a trust by the words used. However those words must be clear and imperative4 although he failure to use specific words will not render the creation of a trust invalid.5 That said, the use of the words in full confidence that he will do what is necessary to benefit our