The Law of Equity and Trust ARNAB KUMAR DAS Port City International University, Chittagong, Bangladesh. SID: LLB 00305037

1. A trust will only come into existence if there is ‘certainty of words, certainty of subject matter
and certainty of objects’ as per Lord Lansdale MR in Knight v Knight (1840) 3 Beav 148 at
173.Threecertainties are discussed in details below:
1. Certainty of Words
2. Certainty of Subject Matter and
3. Certainty of Object
 Certainty of Words
The words must be capable of being construed as imperative and not merely discretionary.
Merely sayings ‘I hope or desire’ does not satisfy the requirement of law. The language must
make it certain that the settler intended to constitute a trust binding on the person to whom
the property was given. This is ‘Certainty of Words’.
 Certainty of Subject Matter
The subject matter must be certain. The first taker should have no discretionary power to
withdraw any part of the subject matter from the object of the trust. The property which is to
be bound by the trust must be definite. This is ‘Certainty of Subject Matter’.
 Certainty of Object
The object, which is persons intended to have the plaintiff of the recommendation should be
such as may be ascertained with reasonable certainty. This is ‘Certainty of Object’.
The intention to create a trust must be indicated by words, conduct or acts with reasonable
certainty. The purpose of the trust, the trust property, and the beneficiaries, must be indicated,
and in such a way the trust could be administered by the court if the occasion arose, where
there is no indication with reasonable certainty by any words or acts of an intention to create a
trust, there can be no trust.
The three certainties have their good points and their bad points. For example in the case of
Knight vs. Knight, the question of “whether in substance a sufficient intention to create a trust
has been manifested” was suggested. This question demonstrates that when a person
intends to create a trust they must show that they have a real intention and that they are not
just saying things on a purely moral basis. This is a very good benefit from two perspectives.
It is good for those who are saying things on a moral basis and do not intend to follow up on
their word because they will not have to go along with what they have said unless they have
used specific words, but it will also be good for those who have been told that they are the
beneficiaries or the trust holders because if settle or does use certain words then they will be
bound by the trust they set up and will have to keep to their words.
A RNA B/PCIU/LLB00305037
Email: arnab.pciu@outlook.com
Rule of three Certainties for the Creation of a Trust