when is such a trust considered to be valid?
Its instrument must show certainty of intention, subject matter and object.
Creation of express trusts in English law
For an express trust to be valid, the trust instrument must show certainty of intention, subject matter and object
how can a settlor create an express trust They can create a trust if they are capable of holding property.
wiki:18147605
Creation of express trusts in English law [SEP] Three certainties
For an express trust to be valid, the trust instrument must show certainty of intention, subject matter and object. Certainty of intention means that it must be clear that the settlor or testator wishes to create a trust; this is not dependent on any particular language used, and a trust can be created without the word "trust" being used, or even the settlor knowing he is creating a trust. Since the 1950s, the courts have been more willing to conclude that there was intention to create a trust, rather than hold that the trust is void. Certainty of subject matter means that it must be clear what property is part of the trust.