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TO-1 (S 05 (S 05 (1) For Immovable Property Subject to the provisions of…

- - - - In dealing with any property alleged to be subject to a charitable Trust, the Court shall not be debarred from exercising any of its powers by the absence of evidence of the formal constitution of the Trust, if it shall be of opinion from all the circumstances of the case that a Trust in fact exists, or ought to be deemed to exist.
    - - Testamentary (Declared by Last will)
      - Non -Testamentary
        
        in writing
        
        Signed by author or trustee
        
        Notarially Executed
        
        Defined in S3(o) of TO
        
        “notarially executed” means executed in the manner prescribed by section 2 of the Prevention of Frauds Ordinance, and any reference to “notarial execution” shall be deemed to include a reference to execution in accordance with the Deeds and Documents (Execution before Public Officers) Ordinance;
        
        As per S2 of Prevention of Frauds Ordinance
        
        Should get the sign of 2+ witnesses
        
        Signed of author/ authorized person
        
        in presence of a notary public
        
        :red_flag:Bernedette valangenberg Vs. Hapuarachchige Anthony ([1990] 1 SLR 190)
        
        1 more item...
  - - - (1)
        
        declared by the last will of the author of the trust or of the trustee,
        
        by a non-testamentary instrument in writing signed by the author of the trust or the trustee
        
        :warning: No need as per Prevention of Fraud, OD - Signed by Notary?
      - OR (2)
        
        the ownership of the property is transferred to the trustee by delivery
- - - - S 05
      - S 107
    - - (unless the Trust is declared by will or the author of the Trust is himself to be the Trustee) transfers the Trust property to the Trustee.
    - - (a) A bequeaths certain property to B, “having the fullest confidence that he will dispose off it for the benefit of” C. This creates a Trust so far as regards A, and
      - (b) A bequeaths certain property to B, “hoping he will continue it in the family”. This does not create a Trust, as the beneficiary is not indicated with reasonable certainty,
      - (c) A bequeaths certain property to B, requesting him to distribute it amongst such members of C’s family as B should think most deserving. This does not create a Trust, for the beneficiaries are not indicated with reasonable certainty,
      - (d) A bequeaths certain property to B, desiring him to divide the bulk of it among C’s children. This does not create a Trust, for the Trust property is not indicated with sufficient certainty,
      - (e) A bequeaths a shop and stock in trade to B, on condition that he pays A’s debts and a legacy to C. This is a condition, not a Trust, for A’s creditors