TSEM1005 | Introduction to trusts: legal background - trust law: how trusts are created

Ways of creating a trust include:

• inter-vivos (literally ‘between the living’)

• by Will or codicil - created following the death of the testator

• by court order - typically this is after a divorce, inheritance on death or compensation claim

• by operation of law - this could result from intestacy (someone dying without leaving a valid Will).

Trusts are usually created in writing, but they may also be created orally. See TSEM9510+.