Insurable and Non-Insulative Risks

When we talk of insurance, we are referring to risks in all forms. Here, having for an insurance policy is just a way of sharing our risks with other people with similar risks.
However, while some risks can be insured (ie insurable risks), some can not be insured according to their nature (ie non-insurable risks).

Insurable Risks

Insufficient risks are the type of risks in which the insurer makes provision for or insures against because it is possible to collect, calculate and estimate the likely future losses. Insurable risks have previous statistics which are used as a basis for estimating the premium. It holds out the prospect of loss but not gain. The risks can be forecast and measured eg motor insurance, marine insurance, life insurance etc.

This type of risk is the one in which the chance of occurrence can be reduced, from the available information on the frequency of similar past occurrence. Examples of what an insurable risk is as explained:

Example 1: The probability (or chance) that a certain vehicle will be involved in an accident in year 2011 (out of the total vehicle insured that year 2011) can be determined from the number of vehicles that were involved in accidents in each of some previous Years (out of the total vehicle insured years).

Example2: The probability (or chance) that a man (or woman) of a certain age will die in the ensuing year can be estimated by the fraction of people of that age that died in each of some previous years.

Non-insurable Risks

Non-insurable risks are type of risks which the insurer is not ready to insure against simply because the likely future losses can not be estimated and calculated. It holds the prospect of gain as well as loss. The risk can not be forecast and measured.

Example1: The chance that the demand for a commodity will fall next year due to a change in consumers' taste will be difficult to estimate as previous statistics needed for it may not be available.

Example 2: The chance that a present production technique will become obsolescent or out-of-date by next year as a result of technological advancement.

Other examples of non-insurable risks are:

1. Acts of God: All risks involving natural disasters referred to as acts of God such as

A. Earthquake

B. War

C. Flood

It should be noted that any building, property or life insured but lost during an occurrence of any act of God (listed above) can not be compensated by an insurer. Also, this non-insurability is being extended to those in connection with radioactive contamination.

2. Gambling: You can not insure your chances of losing a gambling game.

3. Loss of profit through competition: You can not insure your chances of winning or losing in a competition.

4. Launching of new product: A manufacturer launching a new product can not insure the chances of acceptance of the new product since it has not been market-tested.

5. Loss incurred as a result of bad / inefficient management: The ability to successfully manage an organization depends on many factors and the profit / loss depends on the judicious utilization of these factors, one of which is efficient management capability. The expected loss in an organization as a result of inefficiency can not be insured.

6. Poor location of a business: A person situating a business in a poor location must know that the probability of its success is slim. Insuring such business is a sure way of duping an insurer.

7. Loss of profit as a result of fall in demand: The demand for any product varies with time and other factors. An insurer will never insure based on expected loss due to decrease in demand.

8. Speculation: This is the engagement in a venture offering the chance of considerable gain but the possibility of loss. A typical example is the action or practice of investing in stocks, property, etc., in the hope of profit from a rise or fall in market value but with the possibility of a loss. This can not be insured because it is considered as a non-insurable risk.

9. Opening of a new shop / office: The opening of a new shop is considered a non-insurable risk. You do not know what to expect in the operation of the new shop; It is ellogical for an insurer to accept in insuring a new shop for you.

10. Change in fashion: Fashion is a trend which can not be predicted. Any expected change in fashion can not be insured. A fashion house can not be insured because the components of the fashion house may become outdated at any point in time.

11. Motoring offsets: You can not obtain an insurance policy against expected fines for offsigned compliance while on wheels.

However, it should be noted that there is no clear distinction between insurable and non-insurable risks. Theoretically, an insurance company should be ready to insure anything if a sufficient high premium would be paid. Neverheless, the distinction is useful for practical purposes.

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Factors That Affect the Price of an Airline Ticket

The wide range of prices encountered when shopping for an airline ticket, make this a daunting task. What factors affect the price?

  • Fuel cost has one of the greatest effects on tickets. As the price of crude rises, so do the airline's costs. Airlines that negotiate fuel acquisitions well into the future can avoid sudden spikes, and pass on savings to the customer.
  • A weak economy causes people to cut back on non-essential travel. This encourages airlines to give discounts to lure fliers back. Conversely, when business is good, and planes are filled to capacity, there is little incentive to offer low price airline tickets.
  • Airport fees are another part of ticket prices. Airlines using smaller airports save on fees.
  • Destination is a factor. Competition will greatly affect price. An airline that enjoys a virtual monopoly for a particular route can charge pretty much what they want. Those flying international routes have stiff competition from other countries, and have to keep prices in line with what they are offering.
  • Budget airlines can sometimes provide the cheapest airline tickets through a "no-frills" approach. This is most effective on short-haul domestic flights.
  • Timing plays a role. If departure time is nearby, and a flight still has a lot of empty seats, the airline may offer them at a substantial reduction. If flying on a particular day is not critical, it may worth holding out until the last minute.
  • Where the ticket is purchased can affect its cost. Travel agents get bargains from the carriers, but charge for their services. The internet produces some bargains, but be careful who you are dealing with. Occidentally the airlines' own websites have unadvertised discounts.
  • Plain, old-fashioned greed. Air travel is a market driven economy, and airlines will charge as much as they can get away with. Do not believe anyone. Do your own research.

When shopping for cheap flights, be aware of what you are actually comparing. One airline advertisements a flight to an Asian destination, as $ 800, while another gives a price of $ 1300. Reading the fine print shows that the "cheap fare" has another $ 700 in hidden fees and surcharges, meaning it is actually $ 200 more than the all-inclusive fare.

There are many factors that affect the cost of an airline ticket. How well the carrier manages these costs will determine their bottom line. Competition is the key, airlines that most want your business will offer the best deals. Careful shopping will help find the cheapest flights.

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Life Insurance Fraud

Life insurance fraud is a black eye on both life insurance companies and life insurance customers. Both parties have been guilty of life insurance fraud and will be again–especially since, sadly, fraud seems to be on the rise according to most statistical measures.

Research by the non-profit The Coalition Against Insurance Fraud concludes that life insurance fraud committed by all parties costs an average household $1650 per year and increases life insurance premiums by 25%.

Life insurers are most often guilty of insurance fraud in the form of their agents doing “churning”. This is where the agent seeks to cancel your existing life insurance policy and replace it with a new policy that is paid for by the “juice”, or cash value, in your existing policy. Agents do this to earn more commissions for themselves without having to seek new prospects for business. Churning can result in increased premiums for a customer and clearly costs them out of their cash value.

Another insurance fraud practiced by agents, however, is called “windowing”. This is where, being unable to attain a client’s or applicant’s signature on a necessary document but already having that signature elsewhere, the agent holds up a signed document behind the unsigned document, presses it against a window to make the light shine through, and traces over the signature with a pen in order to forge the signature of the client or applicant.

When big name insurance companies have their agents do bad things it makes big headlines, but the fact is that the public is far more guilty of insurance fraud than companies are. And of course making false claims is the thing they do the most, which is why all claims on life insurance death benefit payouts are subject to investigation.

But falsely stating background or financial income information is another form of insurance fraud often engaged in by consumers. They might be embarrassed by their medical history or income, or they may realize that if they tell the truth they will have their coverage diminished or their premiums will be very high. If a life insurance company finds out someone lied on their application they have the right not to pay the claim or not pay the full death benefit depending on the circumstances and the policy.

But there are things that buyers of life insurance can do to protect themselves against insurance fraud, since they don’t have the great investigative resources that life insurance companies do.

Remember, when it comes to life insurance, if it sounds too good to be true, it probably is. There’s no free lunch.

Save all of your life insurance paperwork, including getting receipts for every penny you give your agent, and never ignore any notifications from your life insurance company.

Life insurance is never free and it’s not a pension plan, although certain policies can indeed become self-funding–but they never start off that way.

Never buy any coverage that you feel strongly is unnecessary, never let yourself be pressured, and never borrow to finance life insurance.

Although it can be part of an investment portfolio, life insurance’s number one role is protection against the unforeseen–and most people don’t need life insurance in their later years. It is intended to be temporary.

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Travel Masturbation: Rules of the Road

There’s nothing like a little travel to expand a person’s horizons. Of course, when traveling alone, many a man finds himself at one point or another alone in a hotel room and engaging in a nice bit of masturbation. It’s good for basic penis health, and can be an excellent way of releasing a little tension from travel-related obstacles, so there’s nothing wrong with it. But there are a few tips to keep in mind when masturbating while on the road.

1. Watch the porn channels. If traveling on business, remember that the company may not take kindly to the idea of paying for the visual entertainment one may pursue while masturbating. If taking advantage of some X-rated fare available on the television in the room, be sure any charges are on a private, rather than the company’s, credit card.

2. Be considerate. It can be nice for a guy to be someplace where nobody knows him, but that doesn’t mean he shouldn’t be considerate of other people in the hotel. It is fine to be a little more vocal while indulging in masturbation, but don’t let the moans and groans get so loud as to be overheard by the kiddies next door. And although exhibitionism can be fun among consenting adults, just because no one knows a guy doesn’t give him the right to pleasure himself with the curtains wide open.

3. Explore. There’s something about being alone in a hotel room that can make a guy feel more adventurous. If a man tends to be a little timid or set in his ways about masturbation, fondling oneself while away from home can be an opportunity to try new things. Consider a little anal play, masturbating with a different hand, using a different lubricant, varying the genre of pornography used, talking out loud or anything else that one is hesitant about at home.

4. Make use of men’s rooms. Traveling by airplane often entails a lot of waiting time – especially when a plane gets delayed for a couple of hours. Rather than fuming and getting angry, take matters in hand. See if there’s an empty stall in the men’s room and if there’s not a line of guys waiting, spend some time releasing tension in a fun and pleasurable way.

5. Be careful on the road. If traveling long distance by car, be careful if the urge to masturbate strikes. While many men do masturbate while driving, it is the very definition of a distraction, and can have serious consequences. It’s better to pull over to the side of the road or find a rest area with a men’s room and consider masturbating there instead. For those who do insist on keeping their hands on their penis instead of firmly on the wheel, slow down and try to do it on a road with little traffic.

A little travel and a little masturbation can go hand-in-hand – as can staying at home and masturbating. Wherever the masturbation occurs, regular use of a first class penis health crème (health professionals recommend Man1 Man Oil, which is clinically proven mild and safe for skin) can help keep the penis in good health and better prepared for pleasurable handling. Frequent or aggressive masturbation can make the penis skin rough and raw, so using a crème that includes both Shea butter (a high-end emollient) and vitamin E (a natural hydrator) is advised to add smoothness, moisture and suppleness back to the skin. It also helps if the crème contains acetyl L carnitine, a neuroprotective ingredient that protects against the peripheral nerve damage that can often accompany rough self-handling of the penis.

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Factors That Affect the Cost of Travel Insurance

Travel insurance policies come in different types of packages, with all manner of options and choices. It is designed this way for a reason, of course. You would not want to pay for cover that you are illegally to need, or skimp on cover you should have.

A basic policy may be adequate, or you may find you'll be more comfortable paying a bit more to obtain higher levels of cover, as needed. It often depends on where you plan to travel. Let's say you plan to travel to a destination such as Madagascar, which has limited medical facilities. In the case of a serious medical emergency you may have to be transferred by air ambulance to another country for treatment. Therefore, you would be wise to pick a policy that offers the maximum cover for medical emergencies. It should also include cover for air ambulance and medical repatriation. If you check you may find that a very cheap policy does not include this cover.

You will need to decide whether to opt for a Single Trip or Annual Multi-trip policy. If there is any possibility that you may take more than one trip in a year the Annual policy is usually the best value for money. On many policies children are included free – which is a major saving for family holidays.

Travel insurance premiums usually increase increasing depending on where in the world you are traveling. For example, the cost of travel insurance for a British citizen traveling to Europe would be less than if they were flying long-haul to a destination such as North America or Australia.

Most travel insurance companies offer different levels of cover so that you can choose. Paying a bit more for the next level should affect the amount the insurer will pay on a claim, or increase the amount of items covered. Pay attention to the amount of Excess (Deductible) included as it may be much higher on a cheap policy. (This is the amount you have to pay towards a claim). To keep the premium very low it is often the case that levels of cover have been cut or the amount of Excess increased.

When it comes to pre-existing medical conditions the cost may increase dramatically for serious pre-existing conditions, or the insurer may not offer cover at all. Most often though the average company will agree to cover a specific condition for an extra premium, or with the understanding that any claims related to the condition are excluded. This can be a bitter pill to swallow for those that are affected.

Unfortunately, it is a fact that travel insurance for seniors is usually more expensive because of the assumed increased risk of a medical problem arising – despite the fact that our seniors are probably healthier these days than they have ever been!

Winter sports (skiing / snowboarding) insurance can be added to a typical travel insurance policy for an additional fee. Other add-ons may include cover for activities such as:

  • Business Insurance – additional premium to cover many travel-related risks associated with traveling for business
  • Golf Insurance – additional cover for mishaps relating a golf holiday to cover lost or stolen equipment, golf equipment hire, and pre-paid green fees

When it comes to activities deemed by insurers as 'Hazardous' the cover may vary very between policies and companies. It is important to check and understand which activities are covered as standard. A typical policy will include activities in which you can participate on a casual, unplanned or 'incidental' basis. An additional premium may be required to provide cover for activities that are considered planned or 'non-incidental'. Confused? Do not worry, it is not as complicated as it sounds! Here are some examples to show the difference:

'Incidental' usually refer to activities such as a bungee jump, an elephant ride or sleigh ride that you may decide to participate in on the spur of the moment. 'Non-incidental' or planned activities refer to those that are participating in a regular or non-causal basis. For example: the activity is the main purpose of the trip, such as sailing holiday, scuba diving holiday, safari, white-water rafting trip, or cycle touring.

There is no question that insurance can be a difficult subject to forgive – most people would prefer to spend their precious spare time doing something much more interesting and fun!

The bottom line really is that if you do not have time to look into it in detail, make sure that the policy you choose contains, at a minimum , adequate cover for potentially cost travel problems involving: Medical Expenses, Medical Repatriation, Air Ambulance , Personal Liability, and Legal Expenses. A good basic policy and even a backpacker policy should contain these as standard. Pay a little more and you will get more features.

Beware of that cheap policy offered as an incentive – it may not always be a good buy. You get what you pay for – and peace of mind is priceless!

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Eviction Notice – Difference Between Personal Service and Tack and Mail When Evicting a Tenant

As a landlord, sooner or later you will have to evict a tenant for either not paying rent or for violating one or more terms of the lease. When a tenant violates their lease the landlord must immediately start the eviction process. The eviction process is handled by the county where the property is located. Even though you file eviction papers in the county where the property is located, it is state law, not county law, which controls the eviction process.

The eviction process starts with the landlord filing the paperwork for the eviction at the courthouse in the county where the property is located. Once the paperwork for the eviction has been filed, the paperwork will be handed over to either the Sheriff or Marshall’s office. Some counties use the Sheriff to serve notice of the eviction filing while others use the Marshall’s office. Regardless of the office, they will serve your tenant with notice of the eviction. This service will be either Personal Service or Tack and Mail. I will discuss the difference between the two.

Tack and Mail

When the Sheriff arrives at the property, they will try to get someone to answer the door. If nobody is home they will leave a copy of the eviction notice at the door. This is where the “tack” portion of tack and mail service originated. The Sheriff will actually tack a copy of the notice at the front door for the tenant to find when they return home. The Sheriff will also “mail” a copy of the eviction notice to the tenant. The Sheriff will mail the notice regular mail. It will not be mailed certified mail. The date the Sheriff tacks a copy to the door is the day that is recorded at the courthouse for the date of service.

Personal Service

When the Sheriff arrives at your property, they may find the tenant is home. If the Sheriff actually gives the notice to the tenant this is called Personal Service. As a landlord you would much rather the tenant be served with personal service.

The difference between the two types of service is that Personal Service has more advantages in the eviction process. If you tenant is served personal service and then does not show up for the court date, you can get a judgment against the tenant. If the tenant does not answer the eviction process after being served personally, you can get a judgment against the tenant. In both of these situations if the tenant was served tack and mail then you would have to sue the tenant in small claims court to get a judgment against them.

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5 Fundamental Principles of Insurance

Insurance is a contract, a risk transfer mechanism whereby a company (Underwriter) promised to compensate or indemnify another party (Policyholder) upon the payment of reasonable premium to the insurance company to cover the subject-matter of insurance. If you are well conversant with these principles, you will be in a better position in negotiating you insurance needs.

1. Insurable interest. This is the financial or monetary interest that the owner or possessor of property has in the subject-matter of insurance. The mere fact that it might be detrimental to him should a loss occurred because of his financial stake in that assets gives him the ability to insure the property. Castellin Vs Preston 1886.

2. Umberima fadei. It means utmost good faith, this principle stated that the parties to insurance contract must disclose accurately and fully all the facts material to the risk being proposed. That is to say that the insured must make known to the insurer all facts regarding the risk to be insured (Looker Vs Law Union and Rock 1928). Likewise, the underwriter must highlight and explain the terms, conditions and exceptions of the insurance policy. And the policy must be void of ‘small prints’.

3. Indemnity. It stated that following a loss, the insurer should ensure that they placed the insured in the exact financial position he enjoyed prior to the loss (Leppard Vs Excess 1930).

4. Contribution. In a situation where two or more insurers is covering a particular risk, if a loss occurred, the insurers must contribute towards the settlement of the claim in accordance with their rateable proportion.

5. Subrogation. It has often been said that contribution and subrogation are corollary of indemnity, which means that these two principles operates so that indemnity does not fail. Subrogation operates mainly on motor insurance. When an accident occurred involving two or more vehicles, there must be tortfeasor(s) who is responsible for accident. On this basis, the insurer covering the policyholder who was not at fault can recover their outlay from the underwriter of the policyholder who is responsible for the incidence.

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Cancun Weather – Best and Worst Months to Go

Cancun weather is one reason why this Mexican resort enclave is the second most popular vacation destination in the Caribbean region.

Other reasons why Cancun draws so many tourists include its hotel, shopping and restaurant strip; the inexpensive bus transportation system; plenty of things to do; and convenient access to and from U.S. airports. It is 1.5 hours flight time from Miami and four hours from Chicago.

The best time to go to Cancun depends in part on whether you prefer to spend a lot of time on the beach and in the water, or if you like to spend most of your time shopping, dining and visiting the various attractions in the region. Some fabulous Mayan ruins are located nearby.

Cancun weather is generally warm throughout the year — in fact many hotels and resorts have open air lobbies — but offshore breezes can make the air and water more chilly in winter months.

Average Temperatures

The average year-round high temperature for this resort destination is nearly 88 degrees Fahrenheit and the average low temperature is just less than 74 degrees, according to the World Meteorological Organization.

Cancun weather in May through September is the warmest time to visit when the average high temperature exceeds 90 degrees each month — peaking at 92.5 in August.

Cancun weather in December, January and February is coolest when the average high temperatures are about 83 degrees.

The average low drops below 70 degrees in January and February, and barely breaks 70 in December.

Average Rainfall

The average rainfall is 4.4 inches per month and the average number of rain days per month is 9.6.

The rainfall and rain days are about average for a Caribbean destination.

February, March and April are the driest months when it rains less than 1.8 inches a month. It also rains only five days a month during that time.

Total rainfall increases in June, drops in July and climbs during the most active hurricane season months of September and October, when it rains nearly nine inches per month.

November also has a higher than average amount of rain.

Best Times to Go

Vacationers will find that the best time to go to Cancun is February through May, while they should avoid it in September and especially in October.

However, be aware that water temperatures in February and March are chilly and not comfortable for swimming for any great length of time.

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Could the Great Chicago Fire Been Prevented?

  • Nearly 300 deaths
  • More than 2,000 acres
  • 17,500 buildings
  • 73 miles of road
  • 90,000 left homeless
  • $ 222,000 in damage
  • The destruction of between two and three million books from private library collections

What do these have numbers have in common? If you answered the Great Chicago Fire of October 1893, you would be correct. And while as devastatingly as fire is in Chicago history, it is not the only horrific fire-related Chicago history. In fact, just a few years later (December 1903) there were more than 600 deaths when the Iroquois Theater burned and later listed as the deadliest single-building fire in American history.

What is more interesting, is that while the exact cause of the Chicago fire has ever been determined, the Iroquois Theater fire could have been prevented had the proper measures been taken. History shows that a Chicago fire department captain, toured the facility and noted that "there were no extinguishers, sprinklers, alarms, telephones, or water connections; the only firefighting equipment available were six canisters of a dry chemical called" Kilfyre ", which was Normally used to douse residential chimney fires. "

He reported the problems to his superiors, but was told that nothing could be done, as the building had its own fire warden. In addition to the lack of firefighting equipment, the editor of the Fireproof Magazine , toured the facility and reported that there was an "absence of an seize, or stage draft shaft; the exposed reinforcement of the (proscenium) arch; the presence of wood Trim on everything and the obligation provision of exits. "

After each of these events, Chicago rebuilt. But what if there had been something in place to send out an early alarm? How many lives would have been saved had the Iroquois Theater taken the time to make the necessary changes? Yes, it was a century ago, and modern assumptions as we know today were not available, but that does not excuse the loss of life and property destruction.

So, with a proactive focus in mind, what are you doing to protect your home and family from fire, theft, burglary or mayhem of any sort? Whatever you choose to have utilize the services of one of the local Chicago home security systems or opt for a nationally recognized company, taking care of what matters to you is important. After all, as the early residents of Chicago learned, it's not much fun to clean up after a fire! Do not make the mistake of thinking you could be excuse form personal injury, property damage or a break in. Do your part to keep your family safe.

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Trusts and Certyty of Intention

This article looks at the requirements and formalities for a valid trust. In UK law, a trust is an arrangement involving three classes of people; A Settlor, Trustees and Beneficiaries. The Settlor is the person who transfers property to the Trust. The Trustees are people who legally own the Trust Property and administrator it for the Beneficiaries. The Trustee 'powers are determined by law and may be defined by a trust agreement. The Beneficiaries are the people for whom benefit the trust property is held, and may receive income or capital from the Trust.

"No particular form of expression is necessary for the creation of a trust, if on the whole it can be gathered that a trust was intended." This statement gives the impression that no formalities are needed, and could be misleading. Although equity generally does look to intent rather than form, mere intention in the mind of the property owner is not enough. For a valid trust to exist, the Settlor must have the capacity to create a trust. He must positively transfer the trust property to a third party trustee or declare himself trustee. Further, he must intend to create a trust, and must define the trust property and beneficies clearly. This is known as the 'three assurances'; Certificate of subject matter, certainty of objects and certainty of intent.

Certificate of intent refers to a specific intention by a person to create a trust arrangement wheree Trustee (which may include himself) hold property, not for their own benefit but for the benefit of another person.

It is clear when trusts are created in writing and on the advice of legal professionals that intention is present [Re Steele's Will Trusts 1948]. However, no particular form of words is needed for the creation of a trust and here the equivalent maxim, "Equity looks to intent rather than form", applies. It is therefore sometimes necessary for the Courts to examine the words used by the owner of the property, and what obligations if any the Owner intended to impose upon those receiving the Property.

It is not necessary that the Owner expresses calls the arrangement a trust, or declares himself a trustee. He must however by his conduct demonstrate this intent, and use words which are to the same effect [Richards v Delbridge 1874]. For example, in Paul v Constance 1977, Mr Constance did not express declare a trust for himself and his wife, but he did insure his wife that the money was "as much yours as mine". Additionally, their joint bingo winnings were paid into the account and withdrawals were considered as their joint money. The Court therefore found from Mr Constance's words and conduct that he intended a trust.

Certiety of intention is also known as certainty of words, although it has been suggested a trust may be infringed just from conduct. Looking at Re Kayford 1975 1All ER 604, Megarry J says of certainty of words, "the question is whether in substance a sufficient intention to create a trust has been identified". In this case, Kayford Ltd deposited customer's money into a separate bank account and this was held to be a "useful" indication of an intention to create a trust, although not definitive. There was held to be a trust on the basis of conversations between the Company's managing director, accountant and manager so words were necessary for the conclusion.

In contrast, where the word 'trust' is expressly used, this is not a comprehensive evidence of the existence of a trust – the arrangement may in fact institute something very different [Stamp Duties Comr (Queensland) v Jolliffe (1920)]. For example, the deed may contain words such as "On trust, with power to appoint my nephews in such shares as my Trustee, Wilfred, shall in his absolute discretion decide, and in default of appointment, to my friend George". Although professing to be a trust, Wilfred is not under an obligation to appoint the nephews and provision is made for the property to pass to George if he does not. This is therefore a power of appointment, not a trust [eg. Re Leek (deceased) Darwen v Leek and Others [1968] 1 All ER 793].

Sometimes in a will, the owner of Property will use 'precatory' words such as expressing a 'wish, hope, belief or desire' that the receiver of property will handle it a certain way. For example, in Re Adams and Kensington Vestry 1884, a husband cave all of his property to his wife, "in full confidence that she will do what is right as to the disposal between between my children …". The Court held that the wife may have been under a moral obligation to treat the Property a definite way but this was not sufficient to create a binding trust. Precatory words can still sometimes create a trust. In Comiskey v Bowring-Hanbury 1905, the words 'in full confidence' were again used, but the will also included further clauses, which were interpreted to create a trust. The Court will look at the whole of the document to ascertained the testator's intention, rather than dismissing the trust because of individual clauses.

There are further formalities required for certain types of trust property, and for a trust to be valid, title to the trust property must vest in the Trustee, or, the trust must be "constituted". This might be done for example, by delivery for chattels or by deed for land. If the trust is not properly constituted, the proposed beneficaries have no right to compel the Settlor to properly transfer the Property, as 'equity will not assist a volunteer'. The exception to this is where the beneficiary has provided consideration (including marriage) for the Settlor's promise, in which case, there would be a valid contract and the Beneficiary could sue for breach.

Where a testamentary trust of land or personalty is purported, the will in which it is contained must be in writing and executed in accordance with Section 9 of the Wills Act 1837, which means the Will must be signed by the Testator in the joint presence of Two witnesses, and then signed by the two witnesses in the presence of the Testator.

Where a Settlor wants to create an inter vivos trust of personalty, the formalities are minimal. Under the usual requirements for a trust (capacity, the three responsibilities etc), the Settlor must observe any formalities required to properly transfer the Property to the trustees – for example, the execution and delivery of a stock transfer form for shares.

To create an inter vivos trust of land or of an equitable interest in land, in addition to the formalities of transferring the land, the declaration of trust must be in writing and must be signed by the person able to create the trust – ie, the Settlor or his attorney [S.53 (1) (b) Law Property Act 1925]. Where this formality is not accepted, the Trustee would hold the land on trust for the Settlor rather than the Beneficiary. The exception is where the rule in Strong v Bird 1874 applies – the Settlor intended to make an immediate unconditional transfer to the Trustee, the intention to do this was unchanged until the Settlor's death, and at least one of the Trustee is the Settlor's administrator or Executor. In this case, as the property is automatically vested in the Settlor's personal representatives and the trust is constituted.

It is sometimes stated that no particular form of expression is necessary to create a trust if intention was present. Clearly this is not the case. There are formalities for creating inter vivos land trusts and testamentary trusts and if these are not followed, the trust will fail without consideration has been provided or the rule in Strong v Bird 1874 applies, even if the Trustee had the best intentions. Further, the form of words used in those formalities must be clear and unambiguous, or they may not amount to a trust. He goes on to say that 'a trust may be created without using the word "trust"' and this is true in that other words and conduct to that effect are sufficient. However, the Court does not just regard the 'substance' of the words. If the word used does not meet the 'three assurances' or, for example, the person making the declaration does not have the capacity to make a trust, the trust will fail. This is clearly not the desired 'effect' and not the owner's intention.

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