What is the test for establishing an express trust?
British Columbia, Canada
The following excerpt is from J.L. v. B.L., 2015 BCSC 2052 (CanLII):
An express trust is created by express intention. It comes into existence upon the three certainties having been met and the trust property having been vested in the trustee: Elsen v. Elsen, 2011 BCCA 314 at para. 20. The three certainties are the settlor's intention, the subject matter of the trust, and the identity of the objects. In other words, it must be clear that the settlor actually intends to settle certain property to be held in trust for certain objects (whether beneficiaries or purposes). The settlor's actual intention is fundamental to establishing the trust.
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