What are the three-stage test called ‘certainties’?
There is a three-stage test called ‘certainties’. This test is fundamental in determining whether this is an express trust and for the trust to be lawful. The principle of certainties is to make sure that the trust is executed properly. The certainties are:-Certainty of Intention (or words), Certainty subject matter and Certainty of objects
Looking Intention firstly, you have signified that you would like your brother Magnus, to hold money for the benefit of your three nieces. The wording in this clause is merely a request because of the precatory words used in this clause. If you want your brother Magnus to be obligated to act as a trustee for your nieces, then the wording will need to be reviewed to state that the £100,000 will be held in trust by Magnus for your three nieces, Francesca, Kim and Doris York. The clause will also need to be restructured, to ensure that it states that Magnus will be left with the £50,000 for his own benefit without obligation.