ABSTRACT

Certainty of intention requires that the settlor intended to create a trust rather than to achieve some other end. There is no particular formula which has to be used in the creation of an express trust – that is, there is no form of abracadabra which will bring a trust into existence. The clearest means of creating a trust would be for a settlor to visit a solicitor and prepare a deed of trust which began with the words: ‘I hereby declare that the following property shall be held on trust by the following trustees on the terms of this trust ...’ However, that level of formality is not required by the law of trusts, even though it may be desirable to make your intention as clear as possible. The courts will be prepared to infer an intention to create a trust from the circumstances in which the settlor deals with the property.