TSEM9510 - Ownership and income tax - express trusts
An express trust is usually created by a declaration of trust which is made by the legal owner. This declaration can be written or oral (sometimes called 鈥榩arol鈥�) except in the case of land where the trust needs to be evidenced in writing under S53(1)(b) Law of Property Act 1925.
In a claim that an express trust exists, the first thing to ask is whether there is a written trust.
A written trust is usually made by deed, but it does not have to be. It may be made by a declaration. TSEM9520 explains written declarations of trust, and TSEM9530 explains deeds.