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Most law students lose marks in Equity & Trusts…
Not because they don’t know the content—
But because they don’t answer problem questions the right way.
If you want a high grade, you need to know this exact structure when you're answering a question on the three certainties.
Here’s how to break it down in 3 simple steps:
Step 1: Certainty of Intention
Ask yourself:
Did the person actually mean to create a trust?
Or was it just a wish?
Look at the words they used.
Use cases like Re Kayford and Lambe v Eames.
Explain: is it a legal duty, or just a moral obligation?
Could it be a power, not a trust?
Step 2: Certainty of Subject Matter
What exactly is being given in the trust?
Is it clear? Is it separate from the rest?
If it’s tangible stuff like wine bottles—look at Re London Wine.
If it’s money or shares, like in Hunter v Moss—it’s treated differently.
Apply the case law to the facts in your question.
Step 3: Certainty of Objects
Who is meant to benefit?
You need the right test:
If it’s a fixed trust, use the complete list test.
If it’s a discretionary trust, use the is or is not test from McPhail v Doulton.
If you don’t apply the right test, you’ll lose marks—even if your answer sounds smart.
Law exams aren’t about sounding clever.
They’re about clear structure, right tests, and applying the facts.
Get these three steps right—and you’re already ahead of 90% of your class.
📘 At StudyCrowd.AI, we give you simple notes and tutoring that helps you actually get a first.
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