Private Law Theory

Abstract
In modern trusts textbooks, the impression is frequently given that the only reason why express trusts come into being is that a settlor manifests an intention that this should happen. In this article we argue, first, that such accounts are under-inclusive because trustees and beneficiaries also have a part to play in the creation of express trusts, and, second, that they are insufficiently nuanced because rights under express trusts do not all come into being for the same reasons.

Liew, Ying Khai and Mitchell, Charles, The Creation of Express Trusts (2017). (2017) 11 Journal of Equity 133.

First posted 2018-12-19 07:04:06