Entire section

30. Creation of a Trust

(1) A Trust may be created by:

  • (a) transfer of Property owned by the Settlor to another person as Trustee, and, if the Settlor is a natural person, during the Settlor’s lifetime or by will or other disposition taking effect upon the Settlor’s death;
  • (b) the transfer of Property from one Trust in order to settle such Property in a new Trust;
  • (c) declaration by the owner of identifiable Property that thereupon the owner will hold the Property as Trustee; or
  • (d) exercise of a power of appointment in favour of a Trustee.

(2) A Trust shall come into existence by an instrument in writing including a will or codicil.