Equity trusts on the three certainties Free Essay Example, 1500 words

If any of the three certainties is absence, then it is considered that there is no trust among the parties. Based on the Testator Thomas will that he left to his sister Rebecca, it is possible to determine whether the there was trust in each of the four settlements in the will. They have been labelled a, b, c and d by evaluating whether the elements/principles of trust exist3. a). In the first statement of Testator Thomas will leave to his sister Rebecca, it can be that Thomas left collection of antique violins to Richard, his elder brother who had to pass them to Thomas nieces. In this will, it can be seen that the three elements of trust exist. Firstly, Thomas has portrayed an intention to establish trust by writing a will and leaving it to Rebecca as his executor. The purpose can be seen in his statement when he assert that he had left his antique violins collections to his elder brother Richard who is supposed to pass them to Thomas, nieces. The language used, in this case, indicates that there was an intention to create trust. We will write a custom essay sample on Equity & trusts on the three certainties or any topic specifically for you Only $17.96 $11.86/pageorder now The facts may be seen in the case of Paul v Constance. In the case, Mr. Constance had just undergone through a broken marriage and decides to elope with Ms. Paul though they had not yet officially married. A few months after the elopement, Mr. Constance broke his leg. He was compensated for 950 pound and put the money in the joint account. However, before the death of Mr. Constance it was asserted by Ms. Paul that his money was their money. The court decided that the words used by Mr. Constance amount to the establishment of trust and, therefore, Ms. Paul was entitled to Mr. Constance money. The phrase money, as utilized by Mr. Constance in the case, was enough evidence to indicate the existence of the trust. In the same manner, there was as in the Mr. Constancy case the phrase complete confidences as used by Mr. Thomas implies there was an intention to create trust4. The other certainty that indicate trust was present in Mr. Thomas will be the object. The object under consideration in the first stamen of Mr. Thomas will be the Antique Violins collections that he left to his brother Richard who was supposed to pass them to his nieces. In this case, fixed trust kind of trust may be observed. The testator has chosen a certain type of people to give a certain proportion of his property to the beneficiaries, nieces. The presence of the object in Mr. Thomas case is supported by the case of IRC v Broadway cottage. In addition, there was the presence of the subject, nieces who were to inherit Thomas property as described in the will5.