Trust Formalities and Constitution – Gifts, Declarations, and Equity’s Limits

In this episode of SQE1 Essentials, we examine the formal requirements for creating and constituting trusts in English law. This is a highly examinable area of Trusts law that blends strict formalism with equitable flexibility.

🎓 Topics covered include:

• The difference between inter vivos trusts and testamentary trusts
• Formal requirements for transferring personalty vs. land (realty)
• The three certainties revisited: intention, subject matter, objects
• Why equity will not perfect an imperfect gift or assist a volunteer
• The doctrine of incompletely constituted trusts and its consequences
• Key equitable exceptions:
  ▪️ Re Rose – correct steps taken
  ▪️ Pennington v Waine – unconscionability
  ▪️ Strong v Bird – donor becomes executor
  ▪️ Proprietary estoppel – reliance and detriment
• The rule against perpetuities and the 125-year vesting period

🧠 This episode is critical for distinguishing enforceable trusts from failed gifts and will equip you with both doctrinal clarity and case-based nuance.

📲 Access case summaries, diagrams, and practice questions in the CELE SQE App or at celetraining.com