are there any exceptions?
Yes, for statutory bodies and corporations, and minors who usually cannot hold property can, in some circumstances, create trusts
Creation of express trusts in English law
 There are exceptions for statutory bodies and corporations, and minors who usually cannot hold property can, in some circumstances, create trusts.
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. who is considered to be capable of creating these? Generally speaking, anyone capable of holding property can create a trust.
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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.