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Essay Details:
Essay text:
Advise Davina, Sam and Penelope."
A declaration of trust must be ?certain' this has been held to mean that three elements must be positively established before a trust may come into being, Knight V Knight (1840) 3 Beav. 148. The ?three certainties' identified in this case are certainty of: intention (to create the trust), subject matter, and objects (the beneficiaries of the trust). It will be assumed that the three elements are present in the following analysis.
Davina.
It is known that Sir Clarence expressly wishes to set up a trust for the benefit of his daughter and her children. For this trust to be, what is termed ?fully constituted' and hence legally enforceable, it will be necessary to demonstrate that Sir Clarence (the settlor) has correctly passed the legal title to his trustee, Tanya, so that she may hold the legal title of the cottage upon trust for the enjoyment of the property by the beneficiaries Davina and her children...
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