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Express trust

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Express Trust:
A trust which is clearly created by the settlor, usually in the form of a document (eg. a will), although they can be oral.

 


Express trust
A trust created by the settlor, with the clear intent that such a trust be created, usually in the form of a document (e.g. a will), although it can be oral.

"In an express trust one follows the wording of the trust or will; in an implied trust one follows extrinsic evidence of the settlor's or testator's intention; ...

Express trusts are those which are created in express terms in the deed, writing or will. The terms to create an express trust will be sufficient, if it can be fairly collected upon the face of the instrument that a trust was intended.

which a court declares or imposes onto participants of very specific circumstances such as those giving rise to an action for unjust enrichment, and notwithstanding the lack of any willing settlor to declare the trust (contrast with express trusts ...

Birks and Chambers explain that discussion by suggesting that the presumption in question is not a presumption of intention to create a trust but a presumption of lack of intention to benefit the recipient (or to make the recipient an express trustee ...

See also: Term, Information, Property, Action, Person

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