i. Law on the mode of creating a trust:

To create a valid trust, certain legal formalities must be followed. A trust can be created through a formal declaration by the settlor (Esero) that shows a clear intention to create a trust. The trust must involve transferring ownership of the property (in this case, the housing estate) to a trustee for the benefit of the beneficiaries (Esero’s children). When the trust involves land or real estate, it is typically required to be in writing, as dictated by statute, and may need to be registered. The trust document should clearly identify the property, the trustee, and the beneficiaries, and should also outline the terms of the trust, such as how the funds from the housing estate will be used for the education of the children.

ii. THREE essentials of the proposed trust:

1. Certainty of Intention: There must be a clear intention by Esero to create a trust, transferring the benefits of the housing estate to the children for educational purposes.
2. Certainty of Subject Matter: The property or assets involved in the trust, in this case, the housing estate, must be clearly identified.
3. Certainty of Objects (Beneficiaries): The beneficiaries of the trust, being Esero’s children, must be specifically identified and must benefit from the trust according to its terms.