ABSTRACT
So far we have considered how trusts are formed and how to distinguish a trust from a gift. The other problem which arises then is how to deal with trusts which have not been properly constituted. The core principle in this area is that Equity will not assist a volunteer. A volunteer is a person who has not given consideration or who does not have a valid trust declared in their favour. The following two sections consider some of the significant ways in which it may be possible to circumvent this general principle. As ever, for the trusts lawyer the challenge is first to identify the general rule and then to look for a means of circumventing it so that you can create a valid trust.
