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when a person or to give them their proper title a settler creates a trust there are certain formalities that they have to go through if youre answering this topic in a problem or an essay question then the key case that youll want to start with is the Judgment of Lord Justice Turner in Milroy and Lord from 1862 in this case he outlined two key principles that have to be abided by firstly there has to be a valid Declaration of trust and secondly the property has to pass in terms of its legal title to the trustee in this lecture were going to explore those principles in more detail and also look at some of the exceptions as well right lets get started so lets start with some of the more general principles before moving into specific examples and we can start off by saying that the settler has to actually have a proprietary right in the property that they are establishing a trust over in other words I wouldnt be able to create a trust over my neighbors television because I dont o
