ABSTRACT
This chapter identifies the essential tests in Milroy v Lord for the constitution of an express trust. The effect of the perfect creation of a trust is that the beneficiary, who may be a volunteer, may enforce the trust. The principle laid down by Turner LJ in Milroy v Lord identifies the various modes of creating an express trust. Generally, there are two modes of constituting an express trust and the onus is on the settlor to execute one of these modes for carrying out his intention. A settlor may wish to create a trust by transferring the property to another person as trustee(s), subject to a valid declaration of trust. In this context the settlor must comply with two requirements, namely a transfer of the relevant property or interest to the trustees complemented with a declaration of the terms of the trust.
