ABSTRACT
There are two ways in which a settlor may create an inter vivos trust, namely, by way of self-declaration (that is, he declares that he will be a trustee of specific property for the benefit of another or others) or by transferring property to a third party/parties (trustee/trustees) subject to a declaration of trust (see the Milroy v Lord rule, above, p 23). In the latter case, it seems clear that if the document purporting to transfer the property to the intended trustee is a nullity no trust is created. This may be the case where the document purporting to transfer the property is improperly executed or where the intended trustees are not identified or are dead or have otherwise ceased to exist. In these circumstances, the property remains vested in the settlor.
