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+.