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Section 6: Trust instrument

Trusts Act · PART II: NATURE OF TRUSTS

consolidated text (as at 2012, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

6. Trust instrument (1) Notwithstanding article 931 of the Code, a trust other than a unit trust, a constructive or a resulting trust or any trust arising by operation of law or by judicial decision— (a) may be created by a disposition of property inter vivos or by will, or by holding property on trust; and (b) shall be of no effect unless created by an instrument in writing. (2) An instrument creating a trust shall be void unless it states— (a) the name of the trustee; (b) the intention of the settlor to create a trust, or the declaration of the trustee that he holds property on trust; (c) the object of the trust and the beneficiaries or class of beneficiaries, as the case may be; (d) the property transferred or held on trust; and (e) the duration of the trust. (3) A trust instrument shall be admissible in evidence notwithstanding the absence of the formalities prescribed by articles 1325 and 1326 of the Code.

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