What is an express private trust?

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An express private trust is created intentionally by the owner of property, who declares in clear words (or in writing) that the property is to be held by trustees on trust for specific private beneficiaries. The declaration shows the settlor’s actual intention to create a trust, rather than something implied by conduct. For an express private trust, three certainties must be present: intention to create a trust, identifiable subject matter (the property or rights being held), and identifiable objects (the private beneficiaries who will benefit and, if necessary, enforce the trust). The trustees hold the legal title to the property, while the beneficiaries have the equitable interests and can enforce the terms in court. It is private because the purpose and beneficiaries are private individuals rather than a charitable or public purpose. This is different from a constructive trust, which arises by law to prevent unjust enrichment, and a resulting trust, which can arise when a transfer occurs without an explicit beneficial arrangement.