ABSTRACT

This chapter considers a broad range of issues to do with the creation of valid express trusts. In the previous chapters we considered the fundamental nature of the express trust and the necessity of introducing certainty to the trust and some of the powers of the beneficiary. This chapter does three things. First, it sets out some of the contexts in which there are specific formalities to be satisfied in relation to the creation of a trust. Secondly, it considers the mechanics of setting the trust in motion by the proper transfer of the legal title in the trust fund to the trustee. The third element is then analysing further the distinction between gifts and trusts, covenants and trusts, and the complex question of dispositions of an equitable interest.