ABSTRACT
An express private trust must satisfy certain well established criteria if it is to be valid and enforceable. A trust, like a contract, must conform to prescribed minimum standards of certainty if it is to be a source of legal rights and obligations. If it is unclear exactly who has the right to enforce the trust and to whom the trustee owes equitable obligations, a court will refuse to uphold the trust. The first, and most important, requirement for the creation of an express trust is that the settlor displays a clear and unequivocal intention to create a trust rather than some other, similar legal or equitable relationship (see Chapter 26).
