Sprange v Barnard

(1789) 29 er 320 by Mehul Lunkad

Facts
A testatrix indicated that

property would be left to her

husband to utilise as he

considered appropriate, but

that the remainder of what he

did not desire for his own

wants and use would be

distributed among a number

of beneficiaries.
Issue

Whether a trust was validly

created by the testator's will.

Rule
To ensure a valid trust is formed the following eleme ts need

1. Intention

In order to create a trust , there must be certainty of intent.

The concept of trust is not essential, nor are technical terms, because
equity looks at the intent rather than the form. To inspire trust, the
settlor must indicate a specific objective. The court will interpret the
phrases employed to ascertain the settlor's intent; nonetheless, the
term trust alone is not decisive.
2.Object

A trust must have identifiable beneficiaries because the trust

must be enforced in their favour by the courts if required. This

has also been the root of the beneficiary principle stating that a

private trust must typically be for beneficiaries and not for a

purpose. If the claimant falls within the class of objects and

consequently has locus standi, he or she must prove an interest

in the trust. If the sole reason a trust fails is because the

objects are ambiguous, the trustees will retain the property on

resultant trust for the estate's settler. as well as the subject.

3.Subject Matter

For subject matter certainty, the trust property must be identified

with sufficient certainty to be distinguished from other property.

At the time of its establishment, a trust produces rights and

duties, thus it must be assured at that time. A gift, on the other

hand, only has to be certain at the time legal title is transferred. It

must be certain what property is to be subject to the trusts and

what portion or share of the property each beneficiary is entitled

to, since the trustee must know both.

Analysis
For the leftover property to be deemed as a valid trust it must

have to be in compliance with the three rules aforementioned.

1. Intention to give was established as the will stated that the

property was to be transferred to the husband

2. The object was also fulfillede as the property showed a valid

object
The will which states remaining part of what is left creates

uncertainty because it does not clearly indicate what is left and

what should be taken this uncertainty further escalates when “he

does not want for his own wants and use”

Almost anything can form the subject matter of a trust-but the

property settled must be identified precisely

 Conclusion

The court determined that the testator intended to make a gift rather than
establish a trust. Since there was no assurance about the subject matter, the

money was not kept in trust and instead belonged to the spouse as an outright gift.

Almost anything can form the subject matter of a trust but the property settled

must be identified precisely, we would take examples of a failed trust in the

following two cases 'the bulk of my estate' in the case of Palmer v.Simmonds

(1854); 'such parts of my estate as she shall not have sold' Re Jones(1898).These

two cases indicate that thecourt had consistently held this point of view that

uncertainty of subject matter creates a void trust.

Thank you.
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