What is a trust? Three certainties to ensure validity ===================================================== ![What is a trust? Three certainties to ensure validity](https://vardags.com/images/pictures/_360/e0b05a20cbf6fdb0102507d01717a882.jpeg)It is said that the only certainties in life are death and taxes, but for legal purposes the language of trusts is also subject to the security of certainty. Indeed, there are three such certainties. Trusts can be contentious, and in order for them to be upheld, there are three certainties required to ensure validity. Certainty of intention ---------------------- Firstly, there must be 'certainty of intention': this requires evidence that the settlor - the one who sets up the trust - intended such a trust to begin with. There is no specific wording needed, but the instructions to the trustees must be easily identifiable as the instructions to the trustees. In other words, a particular person must be designated as being in charge of the assets of another person, the beneficiary. Interestingly, the use of the word 'trust' is not required or even necessarily preferred; specificity is what matters. Certainty of subject matter --------------------------- Secondly, there must be 'certainty of subject matter', meaning that the exact property or assets to be held on trust must be clearly defined, and that the interests of each beneficiary must also be carefully delineated so that the trustee knows precisely how to manage the trust. Certainty of objects -------------------- Thirdly, there must be 'certainty of objects': in other words, it must be clear who the beneficiaries are. If the trustee were to distribute assets to a party not clearly named as a beneficiary, they could be made personally liable to replace the lost assets. Deviation from any of these three principles could result in 'uncertainty', leading to the trust being vitiated and beneficiaries potentially losing out on money or property that should have been owed to them. In such a case, the property that was intended to be part of a trust will revert to the original owner. "Ayesha Vardag - Britain's top divorce lawyer." ![The Huffington Post](https://vardags.com/images/logo/huffpost.png) "Ayesha Vardag - Woman of the Year"![GG2](https://vardags.com/images/logo/gg2-3.png) "Leading, Magic Circle law firm."Mr Justice Coleridge "A handful of firms dominate the so-called 'glamour' end of the market ... Vardags"The Times "One of the best divorce lawyers in the country"Marie Claire "Ayesha Vardag - 'diva of divorce' for the world's super rich" ![BBC](https://vardags.com/images/logo/bbc.png) "Dr Stephen Bence is a financial genius."Lewis Marks KC "Ayesha Vardag - the Queen of divorce"Daily Mail "Vardags brilliantly argued my case to a resounding victory"Pauline Chai (client) "Britain's top divorce lawyer" ![The Telegraph](https://vardags.com/images/logo/telegraph.png) More Wills & Trusts news ---------------------------- [The test for mental capacity when making gifts](https://vardags.com/family-law/test-mental-capacity "The test for mental capacity when making gifts") [Law Society withdraws Sharia law wills guidance](https://vardags.com/family-law/sharia-law-guidance-withdrawn "Law Society withdraws Sharia law wills guidance") [What is a trust? Three certainties to ensure validity](https://vardags.com/family-law/trust-three-certainties-validity "What is a trust? Three certainties to ensure validity") [An introduction to The Inheritance and Trustee Powers Act 2014](https://vardags.com/family-law/the-inheritance-and-trustee-powers-act-2014 "An introduction to The Inheritance and Trustee Powers Act 2014") [Law Society publishes practice note on Sharia law wills](https://vardags.com/family-law/law-society-sharia-law-wills "Law Society publishes practice note on Sharia law wills") Articles by Christopher Hall ---------------------------- [Estate planning and international jurisdictions](https://vardags.com/family-law/estate-planning-and-international-jurisdictions "Estate planning and international jurisdictions") [Mythbusting the care home fees cap](https://vardags.com/family-law/mythbusting-the-care-home-fees-cap "Mythbusting the care home fees cap") [What is a trust? Three certainties to ensure validity](https://vardags.com/family-law/trust-three-certainties-validity "What is a trust? Three certainties to ensure validity") [An introduction to The Inheritance and Trustee Powers Act 2014](https://vardags.com/family-law/the-inheritance-and-trustee-powers-act-2014 "An introduction to The Inheritance and Trustee Powers Act 2014") [Law Society publishes practice note on Sharia law wills](https://vardags.com/family-law/law-society-sharia-law-wills "Law Society publishes practice note on Sharia law wills")