Equity, volunteers and unconstituted trusts: Certainty of subject matter

University of Greenwich | Trusts and Estates Law & Tax Journal | March 2022 #231
Mark Pawlowski considers whether a volunteer can enforce a promise to settle property Fletcher highlights the difficulty in any particular case in determining whether or not there is an intention to create a trust of the promise. In most cases the requisite intention will be absent and, therefore, will prove fatal to the existence of …

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Face v Cunningham & anr [2021] WTLR 1261

Wills & Trusts Law Reports | Winter 2021 #185

The claimant brought a claim to propound an alleged lost will of her late father (the 2017 will) against her sister (the first defendant) and her elder brother (the second defendant). The defendants alleged that the 2017 will, which was propounded on the basis of what was claimed to be a photocopy of it, was a forgery and that consequently the deceased died intestate. Expert evidence as to the genuineness of the alleged signature of the deceased to the 2017 will was inconclusive. The alleged witnesses to the 2017 will gave evidence.

The second defendant counterclaimed for a declar...