Trust deeds: Filling in the blanks

Mishcon de Reya | Trusts and Estates Law & Tax Journal | April 2018 #195
Emilia Piskorz considers the weight given to subject matter certainty in a Court of Appeal case ‘Even though the trust deed did not refer to the property, given the correspondence, the reasonable man would conclude that Madam Lim believed that the property was held on the trusts of the deed she executed.‘ In a judgment …

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Trusts: Breaking the blank

Radcliffe Chambers | Trusts and Estates Law & Tax Journal | May 2016 #176
In Ong v Ping the court considered a trust where the property held had not been identified. Oliver Hilton explains ‘Where the parties’ intention can be clearly and sufficiently ascertained from the available material and circumstances, the court will not be hamstrung by mere formalities, and will rarely hesitate in finding a way to give …

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