Knight v Knight
Encyclopedia
Knight v Knight 3 Beav 148 is a landmark case in English equity law. It espouses the test that determines whether a trust
has been validly constituted. This has the effect of determining whether assets can be disposed of in wills
, or whether the wording of the will is too vague to allow beneficiaries
to collect what appears on the face of the will to be theirs. The case has been followed in most common law
jurisdictions.
MR
formulated the test, known as the "three certainties". This test specified that, for a valid trust, there must be certainty of:
Trust law
In common law legal systems, a trust is a relationship whereby property is held by one party for the benefit of another...
has been validly constituted. This has the effect of determining whether assets can be disposed of in wills
Will (law)
A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death...
, or whether the wording of the will is too vague to allow beneficiaries
Beneficiary (trust)
In trust law, a beneficiary or cestui que use, a.k.a. cestui que trust, is the person or persons who are entitled to the benefit of any trust arrangement. A beneficiary will normally be a natural person, but it is perfectly possible to have a company as the beneficiary of a trust, and this often...
to collect what appears on the face of the will to be theirs. The case has been followed in most common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
jurisdictions.
Judgment
Lord LangdaleHenry Bickersteth, 1st Baron Langdale
Henry Bickersteth, 1st Baron Langdale KC, PC was an English law reformer and Master of the Rolls.He was born on 18 June 1783 at Kirkby Lonsdale, three years before his brother Edward Bickersteth...
MR
Master of the Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the second most senior judge in England and Wales, after the Lord Chief Justice. The Master of the Rolls is the presiding officer of the Civil Division of the Court of Appeal...
formulated the test, known as the "three certainties". This test specified that, for a valid trust, there must be certainty of:
- Intention (there must be intention to create a trust)
- Subject matter (the assets constituting the trust fund must be readily determinable)
- Objects (the people to whom the trustees are to owe a duty must be readily determinable)