Chapter 4

Trust Formation: Capacity and Formalities



Chapter Contents

The Fundamental Requirements Needed To Form an Express Trust

Trust Property



Formality Requirements on the Declaration of a Trust

Formality Requirements on the Disposition of an Equitable Interest

Points to Review

Useful Things to Read

This, together with the next three chapters, considers arguably the most fundamental part of trusts law: how to form an express trust. It is essential that you grasp how the requirements to form an express trust operate as this is key to understanding this most vital area.

As You Read

In this chapter, you start to consider how the most widely used type of trust, the express trust, is formed. The express trust is a ...

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