Editing Trust (law) (section)

===Formalities===
{{Main|Three certainties}}
The formalities required of a trust depend on the type of trust in question.

Generally, a private express trust requires three elements to be certain, which together are known as the "three certainties". These elements were determined in ''[[Knight v Knight]]'' to be intention, subject matter and objects.<ref name="GlisterLee2015ch4">{{cite book |last1=Glister |first1=James |last2=Lee |first2=James |title=Hanbury and Martin: Modern Equity |date=2015 |publisher=[[Sweet & Maxwell]] |isbn=9780414032408 |edition=20 |chapter=Certainty and Capacity}}</ref> The certainty of intention allows the court to ascertain a settlor's true reason for creating the trust. The certainties of subject matter and objects allow the court to administer trust when the trustees fail to do so.<ref name="Doulton">{{cite court |litigants=[[McPhail v Doulton]] |vol= [1970]|reporter=UKHL 1|opinion= |pinpoint=|court=}}</ref> The court determines whether there is sufficient certainty by construing the words used in the trust instrument. These words are construed objectively in their "reasonable meaning",<ref name="Re Gulbenkian">{{cite court |litigants=[[Re Gulbenkian's Settlements Trusts]] |vol= [1968]|reporter=UKHL 5|opinion= |pinpoint=|court=}}</ref> within the context of the entire instrument.<ref name="GlisterLee2015ch4"/> Despite intention being integral to express trusts, the court will try not to let trusts fail for the lack of certainty.<ref name="Re Hays">{{cite court |litigants=Re Hay's Settlement Trusts |vol= [1981] 3|reporter=All ER 786|opinion= |pinpoint=|court=}}</ref>

# Intention. A mere expression of hope that a trust be created does not constitute the intent to create a trust. Conversely, the use of terms of art such as the word "trust" does not of itself establish whether an instrument is an express trust.<ref name="GlisterLee2015ch4"/> Disputes in this area mainly concern differentiating gifts from trusts. 
# Subject Matter. The property subject to the trust must be clearly identified (''Palmer v Simmonds''). One may not, for example state, settle "the majority of my estate", as the precise extent cannot be ascertained. Trust property may be any form of specific property, be it [[real property|real]] or [[personal property|personal]], [[tangible property|tangible]] or [[intangible property|intangible]]. It is often, for example, real estate, shares or cash.
# Objects. The beneficiaries of the trust must be clearly identified,<ref name="Doulton"/> or at least be ascertainable (''Re Hain's Settlement''). In the case of discretionary trusts, where the trustees have power to decide who the beneficiaries will be, the settlor must have described a clear class of beneficiaries (''[[McPhail v Doulton]]''). Beneficiaries may include people not born at the date of the trust (for example, "my future grandchildren"). Alternatively, the object of a trust could be a charitable purpose rather than specific beneficiaries.