This course, "Creating Express Trusts", explores the foundational principles governing the intentional creation of trusts, contrasting them with those arising by operation of law. Understanding these principles is crucial for effective property management, estate planning, and ensuring beneficiaries' interests are properly established and protected.

You will delve into the essential legal framework required to bring an express trust into existence, examining each critical element in detail. The course covers both the core requirements for validity and potential pitfalls and limitations.

• Explore the capacity requirements for creators, trustees, and beneficiaries involved in establishing a trust.
• Master the essential 'Three Certainties': certainty of intention to create a trust, certainty of the trust's subject matter, and certainty regarding the objects (beneficiaries).
• Understand the critical requirement of constitution, which involves the proper transfer of trust property to the trustees.
• Examine the necessary formalities, including writing requirements for different types of property and specific rules for testamentary trusts.
• Identify limitations on trust creation, such as trusts with illegal objects or those imposing invalid conditions that are contrary to public policy, impossible, or uncertain.
• Learn about the determination of a trust's residency, particularly for tax purposes, applying tests like the Central Control and Management Test.

By completing this course, you will gain comprehensive knowledge of the legal requirements and practical considerations necessary for successfully creating valid express trusts.