Creation of express trusts in English law information
English trust law
Types of trust
Charitable trust
Constructive trust
Discretionary trust
Express trust
Purpose trust
Quistclose trust
Resulting trust
Secret trust
Functionaries
Beneficiary
Protector
Settlor
Trustee
Statutes
Charitable Uses Act 1601
Charities Act 2006
Law of Property Act 1925
Perpetuities and Accumulations Act 1964
Perpetuities and Accumulations Act 2009
Public Trustee Act 1906
Recognition of Trusts Act 1987
Statute of Frauds (1677)
Trustee Act 1925
Trustee Act 2000
Trusts of Land and Appointment of Trustees Act 1996
Variation of Trusts Act 1958
Wills Act 1837
Remedies
Account of profits
Breach of trust
Damages
Equitable remedy
Tracing
Other
Cy-près
Formalities
History
Trustee liability
Rule against perpetuities
Three certainties
International
Conflict of laws of trusts
Hague Trust Convention
v
t
e
The creation of express trusts in English law must involve four elements for the trust to be valid: capacity, certainty, constitution and formality. Capacity refers to the settlor's ability to create a trust in the first place; generally speaking, anyone capable of holding property can create a trust. There are exceptions for statutory bodies and corporations, and minors who usually cannot hold property can, in some circumstances, create trusts. Certainty refers to the three certainties required for a trust to be valid. The trust instrument must show certainty of intention to create a trust, certainty of what the subject matter of the trust is, and certainty of who the beneficiaries (or objects) are. Where there is uncertainty for whatever reason, the trust will fail, although the courts have developed ways around this. Constitution means that for the trust to be valid, the property must have been transferred from the settlor to the trustees.
If property has not been transferred, the potential trustees and beneficiaries are volunteers, and an equitable maxim is that "equity will not assist a volunteer"; the courts will not look at the case. To get around this, the courts have developed exceptions to this rule for situations when the settlor has done "all that he could do", the trustees or beneficiaries have acquired the property in a different way, or where the gift was made donatio mortis causa. Formality refers to the specific language or forms used when transferring property. For chattels, no formal language or documentation is needed, unless it is made as a will. For land, the transfer must be drafted in line with the Law of Property Act 1925 and the Law of Property (Miscellaneous Provisions) Act 1989. When disposing of an equitable interest, the Law of Property Act 1925 must also be followed; much of the case law in this area has centred on the meaning of "dispose", with many cases involving people attempting to avoid tax.
and 27 Related for: Creation of express trusts in English law information
The creationofexpresstrustsinEnglishlaw must involve four elements for the trust to be valid: capacity, certainty, constitution and formality. Capacity...
classification of Quistclose trustsin existing trustslaw: whether they are resulting trusts, expresstrusts, constructive trusts or, as Lord Millett said in Twinsectra...
Resulting trustsinEnglishlaw are trusts created where property is not properly disposed of. It comes from the Latin resultare, meaning to spring back...
Charitable trustsinEnglishlaw are a form ofexpresstrust dedicated to charitable goals. There are various advantages to charitable trust status, including...
Englishtrustlaw concerns the protection of assets, usually when they are held by one party for another's benefit. Trusts were a creationof the English...
Constructive trustsinEnglishlaw are a form oftrust created by the Englishlaw courts primarily where the defendant has dealt with property in an "unconscionable...
Discretionary trusts and powers inEnglishlaw are elements of the Englishlawoftrusts, specifically ofexpresstrusts. Expresstrusts are trusts expressly...
ownership of the property springs back to the settlor. Not all trusts where the settlor is also the beneficiary are resulting trusts. In common law systems...
law principles in Anglo-American law regarding trusts into a uniform statutory code for the fifty states, called the Uniform Trust Code (UTC). As of July...
Charges Act 1972, the Trustsof Land and Appointment of Trustees Act 1996 and the Land Registration Act 2002. At its core, English land law involves the acquisition...
is a Law French phrase of medieval English invention, which appears in the legal phrases cestui que trust, cestui que use, or cestui que vie. In contemporary...
of divine creation. In its broadest sense, creationism includes a continuum of religious views, which vary in their acceptance or rejection of scientific...
from section 7 and 9 trusts that arise or result by implication of construction oflaw i.e. resulting trusts and constructive trusts. Sections 1 to 3 and...
various trusts incorporated by the members of the Tata family. Sir Dorabji Tata Trust and Allied Trusts Sir Dorabji Tata Trust Lady Tata Memorial Trust JRD...
interests) in property that would vest beyond 21 years after the lifetimes of those living at the time ofcreationof the interest, often expressed as a "life...
Inlaw, common law (also known as judicial precedent, judge-made law, or case law) is the body oflaw created by judges and similar quasi-judicial tribunals...
society. A standard definition of an unincorporated association was given by Lord Justice Lawton in the Englishtrustlaw case Conservative and Unionist...
legislate against EU law. This, however, would only happen in the case of an express wish of the people to withdraw from the EU. It was held in R (Factortame...
Contractual terms inEnglishlaw is a topic which deals with four main issues. which terms are incorporated into the contract how are the terms of the contract...
compose a rule within Englishtrustslaw on the creationofexpresstrusts that, to be valid, the trust instrument must show certainty of intention, subject...
Initially only available inEnglish, editions of Wikipedia in more than 300 other languages have been developed. The English Wikipedia, with its 6.8 million...
legal system of Louisiana, the lawof the United States is largely derived from the common law system ofEnglishlaw, which was in force in British America...
political family of Pakistan. It has played an important role in the Pakistan Movement for creationof Pakistan, a separate country for Muslims of India. The...
is available, able and willing. InEnglishlaw, applying in England and Wales, anyone with capacity can grant a power of attorney. These can be general...
Global Information