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

Equity and verifys - Essay ExampleIf each of these elements can be observed by reference to Sadhias allow for and trust instrument, the trustees will be bound by her dispositions. However, the vehemence is on sure thing of intention. It was held in Tana & Anor V Tana & Anor, that certainty of intention is in many ways the or so important certainty.2 Therefore, in a typical case, once the court is satisfied that the declarant had the requisite intention it will strive 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 build valid declarations of trusts, the trustees are advised to proceed with this mindset.The gift of the cottage to Sadhias husband appears at commencement glance to be a discretionary trust in that the declaration assumes that her husband will do what is necessary to benefit the children o f the marriage. In other words Sadhia has left the question of their childrens benefit up to her husbands broad discretion. Certainty of subject matter is unambiguously Sadhias cottage and that is expect Sadhia only 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 put to work & 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 specialized 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