ABSTRACT
Certainty of intention (or words) Imperative words required: In declaring a trust, the settlor must use imperative words to indicate that he intends to impose an obligation on the trustee. The easiest way of manifesting this intention is to include the word ‘trust’ or ‘trustee’ in the declaration, for example, ‘To T on trust for B’. Even where the word ‘trust’ does not appear in the declaration, other imperative words (direct, require, instruct, etc) will usually suffice, for example, S transfers Blackacre to T and states that ‘I direct him to hold it for B’: see Re Le Cren Clarke (1995).
