According to [ case ] the requirements for the trust to be enforced are:
- An intention by the testator, or a person prepared to die intestate, to create a trust binding an inheritor of their property;
- Communication of the trust to the intended trustee; and
- Acceptance of the trust by the trustee.
The testator or intestate then relies on that acceptance by making a will, leaving a will unrevoked or not making a will at all.