What is an express trust?

An express trust is defined as a trust that is deliberately created by its creator, either through a will or a trust document. This type of trust requires clear intention from the settlor (the person establishing the trust) to create the trust and to outline its terms and conditions. The express trust is characterized by the explicit instructions provided regarding how the trust property should be managed and distributed, as well as the roles of the trustee and beneficiaries.

This intentional creation differentiates express trusts from other types of trusts that may arise automatically or through implicit actions. For instance, a result of actions by a fiduciary or a trust created unwillingly by law does not fit the definition of an express trust, as they lack the required purposeful establishment by the settlor.

Additionally, while charitable trusts are a type of express trust, not all express trusts are limited to charitable purposes—they can also encompass a wide variety of personal estate management and distribution scenarios. This reinforces the importance of understanding express trusts as a conscious decision made by a person to manage their assets in a defined manner.