ABSTRACT

It was stated earlier (see above, p 22) that an express trust may be created in one of two ways, namely, the transfer of the property to third party trustees subject to a declaration of trust or the retention of the property by the settlor subject to the terms of the trust. See Milroy v Lord (above, p 23). If either mode of creation has been fully implemented by the settlor, the trust is treated as perfect or completely constituted. The issue about to be discussed examines the scope of these two requirements.