6. Formalities

This chapter looks at situations where the creation of a valid trust requires special formalities. Firstly, it considers inter vivos declarations of trust, such as trusts of land and personal property, as well as sub-trusts. The chapter then discusses dispositions of subsisting equitable interests. Unlike the declaration of sub-trusts, a different formality requirement applies to dispositions of existing equitable interests, which emphasizes that it must be made in writing. There are, however, some exceptions to this rule, particularly in the context of taxation. In addition, this chapter turns to resulting and constructive trusts and declarations of trusts by will.