Transfer of property to the trust
In order for a trust to be actually constituted, the truster must pass ownership of the property (real
right) to the trustee. This means the property leaves the patrimony of the truster and is no longer
owned by him, it goes beyond the reach of his creditors. It is important to watch out as some people
could start up trusts to evade their creditors.
With an inter vivos trust, the truster simply transfers the property to the trustee using whichever
method is most appropriate, this will depend on the nature of the property. So, if it is something
heritable like a house or land, you need to make a valid disposition for the trustee in the Land Register.
This is more complicated with mortis causa, the deceased’s property will vest in the executors, who will
then transfer it to the trustees. However, if the executors are the trustees, you do not need to transfer
it, they are said to ‘make up title’ meaning they gain right over it