chapter  7
14 Pages

CONSTITUTION OF TRUSTS

Key Judgment Turner LJ: ‘…in order to render a voluntary settlement valid and effectual, the settlor must have done everything which, according to the nature of the property comprised in the settlement was necessary to be done in order to transfer the property ..he may do this if he transfers the property to a trustee… or declares that he himself holds it in trust for those purposes…but in order to render the settlement binding, one or other of these modes must … be resorted to.’