ABSTRACT
An additional requirement concerning express private trusts is the need to identify beneficiaries who are capable of enforcing the trust. A purpose, as expressed by the settlor, is incapable of enforcing a trust. The effect is that where a trust is intended to promote purposes it will be void, for there will be no one with the capacity to ensure that the trust duties imposed on the trustees will be carried out. A trust is mandatory in nature and imposes enforceable obligations on the trustees. Those capable of enforcing such obligations are the beneficiaries. These persons are granted rights in rem in the subject-matter of the trust. The courts have always jealously guarded the rights and interests of the beneficiaries under trusts. The perpetuity rule is a common law principle of general application in property law which restricts the maximum period in which the vesting of property, real or personal, may be postponed.
