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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Day v Harris & ors [2013] EWCA Civ 191

Wills & Trusts Law Reports | May 2013 #129

Sir Malcolm Arnold (Sir Malcolm) was married twice and had two children by his first wife, Robert Malcolm Arnold (Mr Arnold) and Katherine Louise Arnold (Miss Arnold). In June 1976, after separating from his second wife, Sir Malcolm moved to a flat in Dun Laoghaire and, in the following month, sent several boxes to Miss Arnold containing (inter alia) books, paintings, sculptures and the manuscripts of various of his compositions. At the same time he sent a postcard to Mr Arnold on which he had written ‘All the books, pictures, sculptures etc are for you and Katherine to sh...