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express trust


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A trust created expressly by the settlor, i.e. by stating directly his intention to create a trust. There is no need for formal words provided that the intention to create a trust is clear from the documents or from the oral statements of the settlor, but most express trusts are contained in documents that have been professionally drafted. (If the trust property is land evidence in writing is required, as section 53 (1)(b) of the Law of Property Act applies if the trust is to be enforceable.) For there to be an express trust it is also necessary for the “three certainties” to be satisfied (Knight v Knight (1849) 3 Beav 148): certainty of intention, certainty of subject matter, and certainty of objects (beneficiaries). Compare implied trust.

Subjects: Law.


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