X and Y, petitioners

Trusts and trustees – Creation of trusts. Sheriff Court: In a petition in which the petitioners sought appointment as trustees of two trusts their deceased son was said to have created, and in which the issue was the constitution of an inter vivos trust where the truster was the sole trustee and whether valid trusts were created, the court held that there was no evidence of actual delivery in the sense of divestiture, of the trust deed or subject of the trust, nor was there any evidence of an equivalent thereto: accordingly no trusts were validly created and if no valid trusts were created there was no requirement for the appointment of trustees.

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