Valid trust declarations over property not owned by the settlor or over unascertainable property. Issue 2 (13th January 2020)

• Record Type: Journal Article
• Authors: Wilde, David
• Is Part Of: Trusts & trustees. Volume 26:Issue 2(2020)
• Page Start: 168
• Page End: 175
• Publication Date: 2020-01-13
• Subjects: Trusts and trustees -- Periodicals; 346.05
• DOI: 10.1093/tandt/ttz136
• Languages: English
• ISSNs: 1363-1780

Abstract

Abstract: It seems to be widely believed that settlors can never make valid declarations of trust over property that, at the time of the declaration, they do not own; or which is unascertainable then. It is argued that this is a misconception: arising from a failure to distinguish between (1) rules applicable to self-declarations of trust and (2) rules applicable to declarations of trust to be constituted by vesting title to property in others as trustees.