Knight v Knight [1840]

Knight v Knight [1840]

Key Notes

In this case, Lord Langdale outlined the essential elements required to establish a valid trust, which have become foundational principles in trust law. He identified three critical factors:

1. Intention: The settlor must demonstrate a clear intention to create a trust.

2. Subject matter: The specific property that is being held on trust must be identifiable.

3. Objects: The beneficiaries of the trust, or those who will benefit from it, must be clearly defined.

These elements were emphasised to ensure that a trust is properly constituted and enforceable. The case reinforced the need for clarity in the terms of a trust, providing a framework for assessing whether a valid trust exists. Lord Langdale's statements in this case have become a key reference point in understanding the fundamental requirements for the creation of trusts.