who is considered to be capable of creating these?
Generally speaking, anyone capable of holding property can create a trust.
Creation of express trusts in English law
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.
how can a settlor create an express trust They can create a trust if they are capable of holding property. when is such a trust considered to be valid? Its instrument must show certainty of intention, subject matter and object.
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Creation of express trusts in English law [SEP] Introduction
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 and corporations, and minors who usually cannot hold property can, in some circumstances, create trusts. Certainty refers to the three certainties required for a trust to be valid. The trust instrument must show certainty of intention to create a trust, certainty of what the subject matter of the trust is, and certainty of who the beneficiaries (or objects) are.