ABSTRACT
An express trust arises out of the settlor’s or testator’s express intention. As we have seen, subject to any formalities imposed by statute, this intention may be expressed wholly or partly, orally or by conduct or in writing. In order to ascertain the terms of the trust (such as the beneficiaries and their interests, the trust property and the trustees) the court is required to construe the evidence which manifests the intention of the creator of the trust.
