The constitution of a Trust

Trusts Discussion
1

If a trust deed states the settlor ** will** transfer a named property, which is defined as the trust fund,

to trustees to hold on trust, but the settlor does not do so, do the trustees have an enforceable right and obligation to require the settlor to do so? If so, do they have a chose in action and the trust is constituted?

Simon Northcott

2

There was a recent discussion about this topic under the heading "Gift of settlor’s interest in property to trust - or not? "

Paul Davies
Clarke Willmott LLP