What are the four requirements that a settlor must comply with when they set up an express trust?

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The Answer is To set up an express trust, a settlor must comply with four key requirements, often referred to as the "three certainties" plus the requirement of formality. These are essential to ensure that the trust is valid, enforceable, and reflects the settlor's intentions. The four requirements are:

1. **Certainty of Intention**: This means that the settlor must clearly indicate an intention to create a trust. This intention must be explicit; it cannot be based on vague or ambiguous statements. The settlor must demonstrate a clear desire to impose enforceable obligations on the trustee to deal with the property for the benefit of the beneficiaries.

2. **Certainty of Subject Matter**: The trust property, also known as the trust corpus or trust res, must be clearly identified. There must be a clear indication of what assets are part of the trust and the extent of the property to be included. This ensures that there is no confusion over what the trustees are to manage. Additionally, the rights or interests in the property that are being held in trust must be clearly defined.

3. **Certainty of Objects**: The beneficiaries of the trust, or the objects, must be clearly identified or at least be identifiable. This means that the trustee must be able to determine who the beneficiaries are or will be. If the beneficiaries cannot be determined, the trust may fail for lack of certainty of objects.

4. **Requirement of Formality**: Depending on the type of trust and the jurisdiction, there may be formal requirements that must be met for the trust to be valid. For example, in the case of a will trust, the will must comply with the formalities required for a valid will. For a trust of land or an interest in land, there may be a requirement that the trust be evidenced in writing, signed by the settlor.

If any of these requirements are not met, the trust may be declared void for uncertainty, and the property would revert to the settlor or their estate. It is crucial for anyone looking to set up an express trust to seek legal advice to ensure that all these requirements are properly addressed and that the trust is set up correctly.

What Are the Four Requirements That a Settlor Must Comply