 As a form of express trust, charitable trusts are subject to certain formalities, as well as the requirements of the three certainties, when being created.These vary depending on whether the gift that creates the trust is given in life, given after death, or includes land.If the gift is given after death through a will, the will must comply with Section 9 of the Wills Act 1837, which requires that the will be in writing and signed by the testator (or somebody else present, at the testator's instruction), it is clear that the testator intended to give effect to the will, and the signature is made or noted by two or more witnesses.