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 trustsFormal requirements for transferring personalty vs. land (realty)The three certainties revisited: intention, subject matter, objectsWhy equity will not perfect an imperfect gift or assist a volunteerThe doctrine of incompletely constituted trusts and its consequencesKey equitable exceptions:▪️ Re Rose – correct steps taken▪️ Pennington v Waine – unconscionability▪️ Strong v Bird – donor becomes executor▪️ Proprietary estoppel – reliance and detrimentThe 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