/ 9771 W.L.R. 527 is an

English trust law English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trusts were a creation of the English law of property and obligations, and share a subsequent history with countries across ...

case. It sets out what will be sufficient to establish that someone has intended to create a trust, the first of the "three certainties". It is necessary that a

settlor In law a settlor is a person who settles property on trust law for the benefit of beneficiaries. In some legal systems, a settlor is also referred to as a trustor, or occasionally, a grantor or donor. Where the trust is a testamentary trust, the s ...

's "words and actions ... show a clear intention to dispose of property ... so that someone else acquires a beneficial interest."

Facts

Mr Constance's marriage broke down, and he moved in with Ms Paul. After a workplace accident he received £950 in damages, and following discussions with a bank manager, paid it into a new joint account. They were unmarried, so the account was just put in Mr Constance's sole name. He said repeatedly, ‘the money is as much yours as mine’. They paid in joint bingo winnings too, and they made a £150 withdrawal, which they split. But 13 months later, Mr Constance died without a will. Ms Paul claimed the account was hers. Mrs Constance reappeared and claimed the money was hers.

Judgment

The Court of Appeal held that the parties' words and conduct demonstrated that he wished for the money to be held on trust for Mr Constance and Ms Paul jointly.

Scarman LJ Leslie George Scarman, Baron Scarman, (29 July 1911 – 8 December 2004) was an English judge and barrister, who served as a Law Lord until his retirement in 1986. Early life and education Scarman was born in Streatham but grew up on the borde ...

gave the first judgment. Bridge LJ concurred, and quoted ''

Richards v Delbridge Richards may refer to: *Richards (surname) In places: * Richards, New South Wales, Australia * Richards, Missouri, United States * Richards, Texas, United States In other uses: * Richards (lunar crater) Richards is a small lunar impact crate ...

''(1874) 18 Equity Cases 11 where Sir George Jessel MR said, "It is true he need not use the words 'I declare myself a trustee,' but he must do something which is equivalent to it, and use expressions which have that meaning, for, however anxious the court may be to carry out a man’s intentions, it is not at liberty to construe words otherwise than according to their proper meaning." Cairns LJ also concurred.

Notes

{{case-law-stub English trusts case law Court of Appeal (England and Wales) cases 1976 in United Kingdom case law

Facts

Judgment

See also

Notes