Q&As

Where a pilot trust is written in a document to accompany the will (referenced within the latter but not in whole) but where the token £10 to constitute it cannot be proven to have been deposited with the trustees, can the gift to the trust in the will constitute the trust?

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Produced in partnership with Ward Hadaway
Published on LexisPSL on 15/06/2016

The following Private Client Q&A produced in partnership with Ward Hadaway provides comprehensive and up to date legal information covering:

  • Where a pilot trust is written in a document to accompany the will (referenced within the latter but not in whole) but where the token £10 to constitute it cannot be proven to have been deposited with the trustees, can the gift to the trust in the will constitute the trust?
  • Constituting the settlement
  • Incorporation by reference
  • Strong v Bird

Where a pilot trust is written in a document to accompany the will (referenced within the latter but not in whole) but where the token £10 to constitute it cannot be proven to have been deposited with the trustees, can the gift to the trust in the will constitute the trust?

Constituting the settlement

There are two basic requirements in order for a settlement to be validly created and they are:

  1. the first requirement is that the 'three certainties' are present:

    1. the settlor intends to create a trust

    2. the beneficiaries of the settlement are clearly defined, and

    3. the subject matter of the settlement is clear. See Practice Note: Nature and classification of trusts—the three certainties

  2. the second requirement is

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