What are the requirements for a valid transfer before a trust can be constituted?
British Columbia, Canada
The following excerpt is from McInerney v. Laass, 2015 BCSC 1708 (CanLII):
In Mordo v. Nitting, 2006 BCSC 1761, Wedge, J. summarized the law concerning the requirements for a valid transfer to occur before a trust was constituted. At para. 266:
The rule as to the formation of a valid trust was stated in Milroy v. Lord (1862), 45 E.R. 1184 (C.A.) [Milroy]: [I]n order to render a voluntary settlement valid and effectual, the settler must have done everything which, according to the nature of the property comprised in the settlement, was necessary to be done in order to transfer the property and render the settlement binding upon him (Milroy at 1189). And at paras. 275 and 276:
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