#6576 - How Do I Create A Trust - Trusts

HOW DO I CREATE A TRUST? TRUSTS | PAGE 13 CREATING AN EXPRESS TRUST * * * Created in one of two ways o Declaration of trust SS? Settlor declares himself to hold property on trust for a beneficiary o Transfer of property and intention for transferee to be the beneficial owner Need the three certainties o Intention o Subject matter o Objects Is the relationship a trust relationship? Valid Trust At Law Inter Vivos (duringlifetime) In Equity Testamentary Trust Milroy v Lord Property Law Act 1974 QLD (s200(1)) Property Law Act 1974 QLD (s11) Secretary of the Department of Social Security v James Succession Act 1981 (s10) TRUSTS | PAGE 14