Trust Formalities and Constitution – Gifts, Declarations, and Equity’s Limits
From SQE Exam Essentials and Preparations by CELE SQE
May 15, 2025 · 22 min · Season 11 · Episode 4
About this episode
This episode examines the formal requirements for creating and constituting trusts in English law, focusing on the distinction between enforceable trusts and failed gifts.
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
Topics covered
- inter vivos trusts
- testamentary trusts
- formal requirements for transferring personalty vs. land
- the three certainties
- imperfect gifts
- incompletely constituted trusts
- equitable exceptions
- rule against perpetuities
Keywords
- trusts law
- equity
- legal education
- SQE1 Essentials
Mentioned in this episode
Products: the CELE SQE App, CELE SQE App
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