EXPRESS PRIVATE TRUSTS

An Express Trust is one that has been intentionally created by the settlor
him/herself through manifestation of an intention to create one.
Read: Soar V Ashwell [1893] 2 QB 390
The most common methods of creation of these trust are by deed or will or
by unsealed writing inter vivos or by word of mouth.
Express trusts are divided into:
a) Executory and executed trusts
This is one where the settlor has indicated in appropriate technical terms what
interests are to be taken by all beneficiaries.
b) Completely and incompletely constituted trusts
These are best distinguished in order to separate a trust from a void settlement.
EXPRESS PRIVATE TRUSTS CONTD

A trust can be valid if the title to the property is in the trustee and if
the trusts have been validly settled. i.e.
Settlement that x holds on trust for y will be ineffective if the property
has not been vested in x . The trust only becomes constituted and valid
when the property is vested in x.
The proper method of vesting will depend on the nature of the
property to be vested. For instance, in a case of a trust of land, there
must be written evidence of declaration of a trust.
Read the Registration of Titles Act Cap 230, S.92.
EXPRESS PRIVATE TRUSTS CONTD
• In regard to executory and executed trusts, the distinction is of
practical significance.
• One is that language of executed trust is strictly construed therefore an
executed trust is liberally construed.
• Secondly where there is an executed trust, the settlor makes use of
technical expressions the interpretation of which the law recognizes
certain rules, equity follows the law and gives effect to such
interpretation.
 Re Bostock's settlement (1921) 2 Ch.469
 Re Flavell's will trusts [1969] 1 W.L.R 445
EXPRESS PRIVATE TRUSTS CONTD

• Under land law, an express trust is where the legal owner(s) of the
property declare that they hold the property on trust for specified
beneficiaries. ... The legal owner must make it clear that they intend
to hold the land for the benefit of another.
EXPRESS PRIVATE TRUSTS CONTD