Wills, Trusts & Estates

In some jurisdictions certain types of assets may not be the subject of a trust without a
written document.
Formalities
The formalities required of a trust depends on the type of trust in question.
Generally, a private express trust requires three elements to be certain, which together
are known as the "three certainties". These elements were determined in Knight v
Knight to be intention, subject matter and objects. The certainty of intention allows the
court to ascertain a settlor's true reason for creating the trust. The certainties of subject
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