Xavier's Blog

Precatory words, Love and the law of equity

In Australia, it is well-established (see eg Paul v Constance) that the creation of a trust requires a sufficiently clear manifestation of intent on the part of the supposed settlor (the ‘certainty of intention‘ requirement). Generally, the requisite intention is said to be evinced by the use of language bearing a sufficiently imperative character. The … Continue reading Precatory words, Love and the law of equity


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