Expeess Private Trust Flashcards
Classification of Tryst
Divided into three namely?
Express trust
Implied or resulting trust
Constructive trust
EXPRESS TRUST
What is express trust?
One created by the act of the owner of property, either intervivos or by will
Methods of creation of an express trust?
1.
Declaration of trust intervivos by the settlor
What happens here?
The settlor declares that henceforth he will hold his Property on trust for certain beneficiaries
2.
Conveyance of property to trustees inter vivos
What happens here?
The trustees are directed to hold the property upon certain trusts
3.
Disposition of property to trustees by will
What happens here?
The trust will not arise until after the death of the testator
F
Arise from the presumed intention of the owner of property