Express Trust

An express trust is one in which can come into

existence only by the execution of an intention to
create it by the trustor or the parties.

Express trusts are frequently used in common law

jurisdictions as methods of wealth preservation or
enhancement.
Express Trust

Art. 1443.
No express trusts concerning an
immovable or any interest therein may be
proved by parol evidence.
Art. 1443.
By virtue of this article, a writing is
necessary to prove an express trust
concerning an immovable or any interest
therein.

The requirement is required for the

purposes of proof and not for validity.
This requirement may also be included
under the Statute of Fraud.
Evidence to prove express trust.

Who has the burden of proof?

As a general rule, the burden of proving the

existence of a trust lies on the party alleging
its existence
And, to discharge the burden, it is generally
required that his proof be clear and
satisfactory and convincing .
Art. 1443.
By virtue of this article, a writing is
necessary to prove an express trust
concerning an immovable or any interest
therein.
The requirement is required for the
purposes of proof and not for validity.
This requirement may also be included
under the Statute of Fraud.
Failure to object to parol evidence.

Like the defense of the Statute of Frauds,

the defense that express trusts cannot be
proved by parol evidence may be waived
either by failure to interpose timely
objection against the presentation of oral
evidence not admissible under the law or
by cross-examining the adverse party and
his witnesses along the prohibited lines.
Art. 1443
To affect third person, a trust concerning
an immovable or any interest therein
must be embodied in a public instrument
and registered in the Registry of Property.
Art. 1443.
An express trust over personal property or
any interest therein, whether the
property is subject to the trust is real or
personal, may be proved by oral evidence.