Jurisdiction(s):
United Kingdom

Key definition

Settlor definition

What does Settlor mean? A settlor is the person or entity that creates a trust, either by transferring property to trustees or by declaring that property is held on trust. In practice, the settlor settles the trust deed (or settlement), sets the trust terms, appoints the initial trustees, and identifies the beneficiaries (or, where permitted, the purposes). The settlor may add further assets and may reserve limited powers (for example, to appoint or remove trustees or to amend), subject to validity and tax consequences. Usage is broadly consistent across England and Wales, Northern Ireland and Ireland. In Scots law the creator of a trust...

Private express trusts: the three certainties; certainty tests for fixed and discretionary trusts; administrative workability and capriciousness; consequences of failure; sham trusts

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Practice notes

Certainty

In order for a settlor to establish a private express trust, the three certainties must be present. These are:

certainty of words — known as certainty as to the settlor’s intention to create a trust, with the trust property intended to be kept separate from the trustee’s other property
certainty of subject matter — known as certainty as to the property to which the trust is to attach
certainty of objects — known as certainty as to the persons or ‘objects’ who are intended to benefit

Charitable purpose trusts differ from express trusts for the benefit of persons in relation to the three certainties only, in that they do not need to satisfy the certainty of objects, so long as there is a general charitable intention.

Certainty of intention of the settlor to create a trust

The requirement of intention is met where there is sufficient evidence showing that the settlor or testator clearly intended to create a trust. The presence of the word ‘trust’ will normally be a strong indicator that a trust was intended...

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Web page updated on 21/05/2026

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