What is the test for establishing enforceable trust obligations on a trustee?
British Columbia, Canada
The following excerpt is from Xu v. Hu, 2015 BCSC 1400 (CanLII):
The first certainty requires an intention on the part of the settlor to impose enforceable trust obligations on the trustee. The second certainty requires the property subject to the trust, and the nature of the interest due, to be clear. The third certainty requires that the identity of the person or persons intended to benefit from the trust is also clear: Mordo v. Nitting et. al., 2006 BCSC 1761, paras. 293, 306 & 309.
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