Trust Law Assignment Essay Example | Topics and Well Written Essays - 2500 words

Trust Law Assignment - Essay ExampleAs a result thither is no uniform set of rules capable of general application.As often happens, the applicable standards in one case may be obsolete in nearly other case. Therefore, ascertaining the validity and enforceability of a declaration of rely can be an onerous task. Ivors attempt to create trusts is no exception as give be borne out in the preceding passages.When Ivor Fortune conveyed his seaside property to his brother Max with specific instructions that he hold the same in trust for Ivors mistress Gloria, absolutely, the instructions constituted a declaration of trust. Whether or non it amounted to a valid and enforceable declaration of trust is another matter entirely. Certainly Ivors instructions to Max were sufficient to create a trust since a declaration of trust can be created by word of mouth or even inferred from conduct.1 In fact, failure to use specific words, do not render the creation of a trust invalid as no particular f orm of words are necessary.2Indeed Ivors instructions to Max are consistent with the ternary requisite certainties necessary for the creation of a trust. These certainties are certainty of subject matter, target as well as objects. The subject matter is the trust property, intention is words and conduct capable of defining the intent by the donor to create a trust and the objects are the intended beneficiaries.3 That said, the subject matter is the seaside property, the intention to create a trust are contained in the instructions given to Max and the object is Gloria.The validity of the trust is compromised by the fact that it is not an ordinary declaration of trust. The trust created by Ivor is a secret trust which requires closer examination. A secret trust is created when a donor makes a wobble of putative trust property to another by virtue of a deed of trust or a will or by some other instrument while separate and apart from the bequest requests that the property be