... intended to create a trust, however equity looks to intent rather that form and therefore words will only be an indicator of a testators intentions, the courts may also take into consideration extrinsic evidence, which enables them to look at other documents when analysing the will3. Courts will decide on the matter of which words are precatory4 words and which are sufficient to create a trust on a case to case basis, however recently precatory words have been recognised as not creating a trust. If this is the case then the trust property would go to the trustee beneficially. This requirement is followed up by the certainty of subject matter, which requires that the trust property must be sufficiently certain in its definition, the subject matter and how much of it is part of the trust must be defined, if it is not sufficiently certain then the donee takes the trust ...

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