Creation of trust: intention, purpose, beneficiary, trust-property must be certain to form a trust, and transfer where applicable. Creation of trust requires the intention to create a trust, a sufficiently certain purpose, an ascertainable beneficiary, and clearly identified trust-property, and, unless by will or where the author is trustee, a transfer of the trust-property to the trustee; expressions of mere hope, uncertain beneficiaries or property, unfettered discretion, or conditions for payment do not satisfy this test.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Creation of trust: intention, purpose, beneficiary, trust-property must be certain to form a trust, and transfer where applicable.
Creation of trust requires the intention to create a trust, a sufficiently certain purpose, an ascertainable beneficiary, and clearly identified trust-property, and, unless by will or where the author is trustee, a transfer of the trust-property to the trustee; expressions of mere hope, uncertain beneficiaries or property, unfettered discretion, or conditions for payment do not satisfy this test.
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