information:classification
Creation

Trusts may be created by the expressed intentions of the settlor also known as the founder (express trusts) or they may be created by operation of law known as implied trusts. An implied trust is one created by a court of equity because of acts or situations of the parties. Implied trusts are divided into two categories: resulting and constructive. A resulting trust is implied by the law to work out the presumed intentions of the parties, but it does not take into consideration their expressed intent. A constructive trust is a trust implied by law to work out justice between the parties, regardless of their intentions.

Common ways in which a trust is created include:

In some jurisdictions, certain types of assets may not be the subject of a trust without a written document.