ABSTRACT
To create a valid trust, the terms of that trust must be suffi ciently certain. There are three forms of certainty which the courts require: certainty of intention to create a trust; certainty as to the subject matter comprising the trust fund; and certainty of the benefi - ciaries (or ‘objects’) of the trust or power in question: 1
(a) The settlor’s intention to create a trust, as opposed to something else, must be clear. There is no requirement to use a specifi c form of words when dealing with trusts over property 2 other than land. 3 The court will be prepared to infer an intention to create a trust from the circumstances and the parties’ conduct. 4 The same principles apply in relation to domestic, private situations as in relation to the insolvencies of large fi nancial institutions.
