Requirements of a valid Express Trust

An express trust should satisfy the following three certainties:

• Certainty of intention: A person wanting to create an express trust must make the intentions to create a trust clear. Though the use of word “trust” is not mandatory but its highly recommended to meet this requirement. In the case of Antle v Canada, the court held that the words alone are not enough to establish the intentions. The Court will look into the surrounding evidence to confirm that the person intended to create an express trust.
• Certainty of subject matter: The property that the person intends to transfer to the trustee(s) must be clearly defined. The subject matter of the trust (property) should be described and identified.
• Certainty of objects: The objects for which the person intends to create a trust must be defined so the trustee(s) can know how to deal with the trust property.