ABSTRACT

In the previous two chapters we have looked at the formalities needed to create a trust, the necessity for the trustee to be invested with title to the trust property in order that the trust be properly constituted, and the curious exception to some of these rules found in the law of secret trusts. We have not yet begun to explore the factors which are elemental in the trust concept. In this chapter, two of the inherent characteristics of the trust will be examined: the requirement of the ‘three certainties’ and the ‘beneficiary principle’.