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In trust law, an express trust is a trust created "in express terms, and usually in writing, as distinguished from one inferred by the law from the conduct or dealings of the parties." [ 1 ] Property is transferred by a person (called a trustor, settlor , or grantor) to a transferee (called the trustee ), who holds the property for the benefit ...
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 ...
Irrevocable trust: In contrast to a revocable trust, an irrevocable trust is one in which the terms of the trust cannot be amended or revised until the terms or purposes of the trust have been completed. Although in rare cases, a court may change the terms of the trust due to unexpected changes in circumstances that make the trust uneconomical ...
Discretionary trusts and powers in English law are elements of the English law of trusts, specifically of express trusts. Express trusts are trusts expressly declared by the settlor ; normally this is intended, although there are situations where the settlor's intentions create a trust accidentally.
The ancient rule from English common law is that a trust is not established until it has property or a res. [77] However, the actual property interest required to fund and create the trust is nothing substantial. [78] Furthermore, the property interest need not be transferred contemporaneously with the signing of the trust instrument. [15]
English law, unlike that of some offshore tax havens and of the United States, requires that a trust have at least one beneficiary unless it is a "charitable trust". The Charity Commission monitors how charity trustees perform their duties, and ensures that charities serve the public interest.
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However, an express trust may still be exempted from the requirements of 53(1)(a) and 53(1)(b) by a separate application of the equitable maxim "equity will not allow a statute to be used as a cloak for fraud" – the fraud would be for the trustee to deny the existence of the secret trust, but this time the statute concerned would be the Law ...