TRSM21030 | Types of trust that need to be registered: contents: introduction and definitions: contents: what is an express trust

An express trust is a trust created deliberately by a settlor, usually in the form of a document such as a written deed or declaration of trust. Express trusts can be created:

• to take effect during the settlor’s lifetime, or

• by will, to take effect on death.

Express trusts can be contrasted with trusts that come into being through the operation of the law and that do not result from the clear intent or decision of a settlor to create a trust or similar legal arrangement (for example, implied or constructive trusts).

See TSEM9500 for further guidance on express trusts.