The Creation of an Express Trust

Left everything to wife 'in full confidence that she will do what is right as to the disposal thereof between the children'. Held to be an outright gift. A hope (moral obligation) cannot be enforced.

Precatory words cannot create a trust where there is no intention. "The property should go to her in fullest trust and confidence that she would carry out my wishes" - an outright gift with an unenforceable moral obligation.

Man returning from trip presses 900 pound cheque into baby's hand saying for himself and goes to solicitor to alter will, but drops dead. An imperfect gift as cheque not made out to baby and not a trust as equity will not assist a volunteer. "it would be of dangerous example if loose conversations of this sort, in important transactions of this kind, should have the effect of declarations of trust.

Intention established from conduct in setting up an account for refunds if couldnt make orders.

Account in his name alone but had oftern referred to "as much yours as it is mine" sufficient conduct for trust.

Says Paul v Constance is exceptional and burden is on person establishing trust.

Did mother leave paintings on trust for son and daughter so daughter and law would have no claim? No evidence of this in conduct and precatory words so no trust.

"I desire and request" not a trust as not imperative

"I request": trust

Must be able to clearly identify trust property

"bulk of my residuary estate" "a small part of" "handsome" All failed for being too vague

Failed certainty of subject matter as individual bottles of wine could not be identified.

Satisfied certainty of subject matter as shares were identical. However of no authority in Aus. "Here the discussion is solely about the shares in one class in the one company...I see no uncertainty at all in those circ" Per Dillon J

In will Maria was to get a cottage and rest to Charlotte but M died before chose. No trust as uncertain which cottage C should get.

"reasonable income " was deemed to refer to an objective formula (as long as some sort of yardstick, Coates)