ABSTRACT

In the above scenario, you will notice that the three certainties (which we considered in Chapter 2) are fulfilled. However, in order to create a valid express trust, John must also vest legal title to the shares and the cottage in the trustees (and this requirement will be considered in Chapter 4). For the present, we are concerned with John’s actual declaration of the trusts. Are there any statutory formalities which John must comply with when declaring these trusts?