Last visited:
Created by Chief Lawiki on 22 November 2009, at 17:05



From Law wiki, the wiki for law research

Jump to: navigation, search

Knight v Knight (1840) is a landmark case in trust law in which the requirements (still followed) for determining whether a trust has been validly constituted were first promulgated. The test allowed the court to determine whether certain assets could be disposed of in the testator's will, or, in the alternative, whether the wording of the will was too vague to allow the intended beneficiaries to collect what appeared on its face to be theirs. Knight v Knight is still followed in most common law jurisdictions.

Lord Langdale MR formulated the test, known as 'the three certainties'. It specifies that for a trust to be valid the following items must be readily determinable: (i) the intention of the settlor or testator to create the trust; (ii) the subject matter (or property) of the trust; and (iii) the objects (or potential and actual beneficiaries) of the trust.

For further discussion see The 'three certainties'.

This page was last modified on 26 January 2010, at 04:58.This page has been accessed 3,481 times.