ABSTRACT
The creation of an express trust may be achieved by one of two modes. The first involves the transfer of the relevant property to the trustee's subject to a declaration of trust in favour of the beneficiaries. The second mode requires the settlor to declare himself a trustee of the relevant property for the beneficiaries. The test is a mixed subjective and objective issue, in that the focus of attention involves the settlor's genuine intention as construed by the courts. An intention to create a trust is fundamentally different from the broader concept of an intention to benefit another simpliciter. There are many modes of providing a benefit to another, such as gifts, exchanges and sales of property. The term 'subject-matter', on its own, is ambiguous and inherently deals with two concepts: namely the trust property and the beneficial interest. Although the same test is applicable to both, it is important to distinguish each type of uncertainty.
