4 - Constitution of an Express Trust

Source - Unlocking Trusts

Here is the summary of this chapter of this book:

1) Introduction - Two methods: Self declaration and transfer of property to the trustees

2) Transfer of property to the trustees - Rule of Milroy v Lord, read the case of Rose and contrast it with the case of Fry, also see the case of Pennington

3) Self-declaration  - No self declaration following imperfect transfer, the settlor may expressly adopt both modes of creation, multiple trustees also possible (see the rule of Choithram which says failure of transfer of property to one of the trustees is not fatal),

4) No trust of future property - see what happens in case of trust in choses in action by virtue of Fletcher v Fletcher

5) Effect of perfect and imperfect trusts - Contracts (Rights of Third Parties) Act