ABSTRACT
This chapter describes three certainties test and appreciate its significance in the creation of an express trust. the ‘three certainties’ are: certainty of intention; certainty of subject-matter; certainty of objects. 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 trustees 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 requirement is that the obligations of trusteeship are intended in respect of the property. There are no formal expressions or particular language required for the creation of a trust. This issue is determined by reference to all the circumstances of the case. 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 in an objective manner.
