Express Trust

What is Express Trust in Tort Law?

Quick Definition

An express trust is a trust that is deliberately created by a settlor, either during their lifetime or through a will, to hold property for the benefit of specified beneficiaries. It arises from a clear intention to create a trust and must satisfy certain formal requirements depending on the type of property involved. The trustee then holds legal title, while the beneficiaries hold equitable interests.

In Context

Express trusts are commonly used in family arrangements, inheritance planning, and business structures where assets are separated from personal ownership. For a valid express trust, there must be certainty of intention, subject matter, and objects, as established in Knight v Knight (1840). For example, if a parent transfers money to a trustee to hold “for my children equally,” this is likely a valid express trust if the intention and beneficiaries are clear. If any of the three certainties are missing, the trust may fail, and the property may revert to the settlor or be held on resulting trust. Formalities also matter: land trusts must comply with statutory writing requirements. Express trusts are central to equity because they allow flexible management of property while ensuring enforceable obligations on trustees.

See Also

• Resulting Trust

• Constructive Trust

• Trustee Duties

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