Three Certainties - Certainties

Certainties

The rule came out of the case of Knight v Knight. The testator, after giving away his personal and real property, added to the end of his will that "I trust to the justice of my successors, in continuing the estates in the male succession, according to the will of the founder of the family". Langdale MR, hearing the case, held that this was not specific enough to create a valid trust; furthermore, to be held as valid, trust instruments would have to have:

• Certainty of intention: it must be clear that the testator intends to create a trust
• Certainty of subject matter: it must be clear what property is part of the trust
• Certainty of objects: it must be clear who the beneficiaries (objects) are.

Note: The 'Three certainties' rule is not novel to Knight v Knight. It was first stated in Wright v Atkyns, by Lord Chancellor Eldon.