How to determine intention in a court?
To determine intention, courts will look objectively at the opinion of the “reasonable person”. The certainty of intention can be a problem when there is no formal will or declaration of trust. In Jones v Lock 1 Ch App 25, a father gave a cheque for £900 to his baby and said he would ‘put it away for’ his son. Lord Cranworth judged in the court of appeal stated that this did not show sufficient intent to create an express trust. Lord Cranworth stated that it would be dangerous ‘if loose conversations of this sort’ declared a trust. In relation to commercial matters, there is a reluctance of the courts to find a trust arising from a commercial relationship. However, if the necessary intention is present, a trust will be found.