ABSTRACT
A settlor who wishes to create an express trust is required to comply with the Milroy v Lord principle. This test stipulates that the subject matter of the trust is required to be transferred to the trustees, subject to a valid declaration of trust. This is known as the transfer and declaration mode. Alternatively, the settlor may declare himself a trustee of the property for the respective beneficiaries. This is referred to as a self-declaration of trust. In both cases, the settlor is required to declare the terms of the trust. The three certainties test exists as a principle to determine whether a valid declaration of trust has been created by the settlor. The three certainties are certainty of intention, subject matter (including beneficial interests) and objects. As an additional requirement, the settlor is required to comply with such statutory formalities, if any, in respect of the transfer of the property to the trustees and the declaration of trust.
