Intention - level of intention rises with value of gift

Subject Matter 'Bulk of' is too unclear

Subject matter of a trust is certain if settlor provides a workable formular

Subject Matter- intangible items of same value need not be segregated

Intention to create a trust - The word trust does not need to be used

Intention to create a trust - Precatory words cannot be used

Subject Matter - Money in a separate bank account is sufficiently certain

Certainty of Object - Fixed trust - Complete List Test

Certainty of Object - Discretionary Trust - 'Given Postulant Test'

Common sense approach - people must prove they are in a class

A substantial number must be able to prove they are within a class

If someone who cannot be catagorised as inside or outside a class the trust fails

Chattels require physical delivery

Chattels can be transferred by deed

'Equity will not perfect an imperfect gift'

'Equity will not assist a volunteer'

Every Effort Test

Donor intended a gift, Intention remained unchanged, donee becomes a PR of the will

Unconscionable to prevent the gift or trust

Trust must have ascertainable human beneficiaries

Honorary Trusts for animals

Honorary Trusts for tomb maintenance

Charitable trust must be charitable in purpose and sufficient public benefit

Capaciousness - Irrational reason for gift

Presumption of advancement- Father to child

Presumption of advancement - Husband to wife

Presumption of advancement is easily rebuttable

Presumption of Resulting Trust if : X Transfers Property to Y, no consideration, no evidence of X's intention

Where property is purchased in the name of another, presumption of trust of percentage contribution

Resulting trust: Payment must be made at the time of transfer

Resulting trust can be rebutted with evidence of intention at time of transfer

Evidence of an illegal motive cannot be used to rebut the presumption of resulting trust

Evidence of an illegal motive can be used to rebut the presumption of an illegal motive if illegal act was never carried out

Constructive Trust - Common intention can be implied by mortgage payments

Constructive Trust - Can be inferred from payment of bills in lieu of mortgage payments

Constructive Trust - Quantifying the interest is done not based on the contribution

Constructive Trust - If the size of share was agreed at the time of common intention this will be binding

Constructive Trust - Non financial contributions are taken into account

Proprietary Estoppel - Parent allowing a child to build a bungalow on land was enough to establish an interset

Proprietary Estoppel - Acting to their detriment can be financial and personal

Proprietary Estoppel - Factors to Consider: Financial obligations, unconsciousability, alteration of Defendants finances, benefits already received, proportion and praticallity