In re Don Benest v [1989] JLR 330 (13 July 1989)

In re Don Benest v [1989] JLR 330 (13 July 1989)

The presumption against the creation of a trust by precatory words is rebutted if the donor uses words such as 'for and on behalf of' others, which is positive evidence of intention to create a trust. The actual use of the word 'trust' is not essential.

Citation
[1989] JLR 330
Parties
Applicant: Don Benest
Jurisdiction
Jersey
Judgment Date
13 July 1989
Procedural Posture
Trusts / Judgment
Outcome
presumption against trust rebutted; trust created
Legal Topics
Creation of Trusts, Precatory Words, Intention to Create Trust
Trusts Creation of Trusts Precatory Words Intention to Create Trust

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Don Benest

Applicant

Procedural Posture

Trusts / Judgment

Legal Issues

  1. 1 Whether precatory words such as 'desire' create a trust
  2. 2 Whether the use of 'for and on behalf of' indicates intention to create a trust

Ratio Decidendi

The presumption against the creation of a trust by precatory words is rebutted if the donor uses words such as 'for and on behalf of' others, which is positive evidence of intention to create a trust. The actual use of the word 'trust' is not essential.

Court Disposition

presumption against trust rebutted; trust created