W1 - Lifetime Trust: Settlor declares self as trustee

Question 1

Requirements to create a valid trust

Answer 1

1) Declaration - Requires a valid declaration of trust

2) No need to constitute a trust as trustee already has legal title.

Question 2

Requirements for a valid declaration of trust

Answer 2

1) The Three Certainties
2) The Beneficiary Principle
3) The Rule Against Perpetuity
4) The Formalities for Express Declarations of trust

Question 3

Exception to defective transfer to other trustees by settlor?

Answer 3

Choithram International v Pagarani

Declaration of self as a trustee amongst other trustees.

Question 4

Choithram International v Pagarani: equitable maxim.

Answer 4

If the transfer is defective, equity will not strive officiously to defeat a gift. Rather, it may interpret the gift as a trust if the settlor is a trustee.