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Legal Terms – Express Trust
A trust established explicitly by the settlor, by directly articulating the intention to create a trust. Formal language is unnecessary if the purpose to establish a trust is evident from the documents or the settlor's spoken declarations; yet, the majority of express trusts are articulated in professionally crafted documents. If the trust property involves land, written documentation is required for the trust to be enforceable, as stipulated by section 53(1)(b) of the Law of Property Act. To establish an express trust, it is essential to fulfill the "three certainties" as outlined in Knight v Knight (1849) 3 Beav 148: certainty of intention, certainty of subject matter, and certainty of objects (beneficiaries).
A trust established explicitly by the settlor, by directly articulating the intention to create a trust. Formal language is unnecessary if the purpose to establish a trust is evident from the documents or the settlor's spoken declarations; yet, the majority of express trusts are articulated in professionally crafted documents. If the trust property involves land, written documentation is required for the trust to be enforceable, as stipulated by section 53(1)(b) of the Law of Property Act. To establish an express trust, it is essential to fulfill the "three certainties" as outlined in Knight v Knight (1849) 3 Beav 148: certainty of intention, certainty of subject matter, and certainty of objects (beneficiaries).
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