Derek Moran
At the library here Pete looking through a textbook called 'Wills and Estates' 3rd-edition by Derek Fazakas put-out by Emond Montgomery, it has a chapter on TRUSTS and gives a great/simple explanation on the THREE CERTAINTIES:
CERTAINTY OF WORDS OR INTENTION: means that it must be certain from the words in the trust document that the testator or settlor clearly intends to transfer the legal ownership in the property to the trustee and the beneficial ownership to the beneficiary. It is not an absolute requirement that the trust document use the words "trust," "trustee," and "beneficiary" as long as the intention of the testator or settlor is CLEAR.
CERTAINTY OF SUBJECT MATTER: means that it must be certain and clear from the words in the trust document exactly what PROPERTY is being transferred to the trustee.
CERTAINTY OF PURPOSE or OBJECTS: means that it must be certain and clear from the words of the trust document who the BENEFICIARY or Beneficiaries of the Trust are. An individual Beneficiary may be an unascertainable beneficiary, but the rule is satisfied as long as the class of beneficiary itself is certain.
Apart from the three certainties, the trust document SHOULD INDICATE THE RULES under which the trust is administered. These rules, of course, should not undermine the three certainties.
Printed copy · Anthology Volume 5, page 939
