CHAPTER II
(i) The Creation of an Express Trust
I. C ONDITIONS FOR THE C REATION OF A VALID T RUST .
For the validity of a declared Trust the following four conditions prescribed by law must be satisfied.
(i) Section 6.
(1) There must be necessary parties to the trust.
(2) The language of the settlor must be such that the Court can find from it, as a fact,
(a) an intention to create a trust;
(b) of ascertainable property ;
(c) in favour of ascertainable beneficiaries and
(d) for an ascertainable purpose.
(ii) Sections 7-8.
The trust property must be of such a nature as to be capable of being transferred and settled in trust.
(iii) Section 4.
The object of the trust must be lawful.
- The English Law of Trust differs from the Indian Law in regard to the creation of a trust. According to Snell the creation of a trust requires three certainties,
(i) Certainty as to intention.
(ii) Certainty as to trust property.
(iii) Certainty as to beneficiary. According to Underhill the creation of a trust requires four certainties, those mentioned by Snell and one more namely.
(iv) The purpose of the trust.
The English Law does not require the transfer of the trust property to the trustee. But the Indian Law does.