Normally a trust is created by a deed. A settlor might ask a professional adviser to draw up a trust deed, which then sets out the terms of the trust.

A trust can be created under the terms of a will, when someone leaves instructions that when he or she dies some or all of the estate is to be placed in trust. A trust can also occur if a person dies without leaving a will.

Sometimes the Courts will create a trust, for example, when deciding how to deal with property for the benefit of a child or an incapacitated person who cannot manage his or her own affairs.