Summary
Summary of Formalities under Law of Property Act 1925
- Course
- Institution
Summary of Formalities under Law of Property Act 1925 with case list
[Show more]
Seller
Follow
rebeccaclark
Content preview
FORMALITIESDeclaration of a trust of land
Law of Property Act 1925 s 53(1)(b)
“A declaration of Trust concerning land or any interest therein must be manifested and proved by some
writing signed by some person who is able to declare the same or by his will”
- “manifested and proved” = written evidence of the trust, does not actually require the Trust in
writing.
- “signed by some person who is able to declare the same “ = Likely that the settlor’s signature is
required
- Express Trusts only – s52 (2)
- Gardener v Rowe (1828) – If the formalities are not complied with the trust is void and
unenforceable unless it would allow fraud (Rochefoucauld v Boustead [1897] )
Disposition of equitable interest
Law of Property Act 1925 s53(1)(c)
“A disposition of an equitable interest or trust must be in writing signed either by the settlor or by his
authorised agent.”
- The disposition must be in writing
- Express trusts only
- An agents signature is sufficient
- Trustees are not required to be notified of a disposition
- Re Tyler’s Fund Trust (1967) – If the disposition is to be held on trust, only the disposition needs
to be in writing
- Grey v IRC [1960] – Disposition of equitable interest was void because it was not in writing or
signed.
- Vandervell v IRC – The transfer of legal title and equitable interest can be done orally.
- Grainge v Wilberforce [1889] – A beneficiary who creates a sub-trust does not have to comply
with s53
- Oughtred v Inland Revenue Commissioners [1960] – Specifically enforceable agreement giving
rise to constructive trust was exempt from s53
- Neville v Wilson [1996] – Specifically enforceable agreement giving rise to constructive trust was
not exempt.
- A beneficiary can disclaim their equitable interest orally – Re Paradise Motor Co Ltd [1968]
Case Name Area of law Fact/Principle
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller rebeccaclark. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $3.91. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
61001 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now