Episode 13: Constitution, Formalities and Validity

Dr Sarah McKibbin completes the journey through express trust creation by exploring the final hurdles: complete constitution, legal formalities, and vitiating factors that can invalidate even well-drafted trusts.

Learn why transferring property to a trustee is more than a formality, and how cases like Milroy v Lord and Corin v Patton shape the rules around proper constitution. Discover the fascinating world of secret trusts — where informal promises can override formal wills — and how courts prevent fraud while upholding testamentary freedom.

Uncover the legal and policy reasons why some trusts fail: from attempts to defraud creditors to conditions that violate public policy, such as religious coercion in Ebbeck. Understand how the rule against perpetuities has evolved in Queensland, and what the new 125-year vesting period means for modern trust planning.

⚖️ Perfect for: Lawyers and students seeking an entry-level understanding of trust validity and the practical challenges of trust administration.

📻 Credits
Host & Producer: Dr Sarah McKibbin, University of Southern Queensland
Audio Production & Sound Design: Ben Meares