Article on The Creation of Express Trusts

Ying Khai Liew & Charles Mitchell published an Article entitled, The Creation of Express Trusts, Wills, Trusts, & Estates Law eJournal (2017). Provided below is an abstract of the Article.

In modern trusts textbooks, the impression is frequently given that the only reason why express trusts come into being is that a settlor manifests an intention that this should happen. In this article we argue, first, that such accounts are under-inclusive because trustees and beneficiaries also have a part to play in the creation of express trusts, and, second, that they are insufficiently nuanced because rights under express trusts do not all come into being for the same reasons.