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Equity and trusts - Formalities Notes
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Formalities - Equity and trusts notes
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FORMALITIES – week 18 (3.1)Law of Property Act 1925
Section 53(1)(b) & section 53(1)(c);
section 53(2)
Wills Act 1837
Section 9
Section 53 (LPA 1925):
(1) (b) a declaration of trust respecting any land or any interest therein must be manifested and proved by some
writing signed by some person who is able to declare such trust or by his will;
(1) (c) a disposition of an equitable interest or trust subsisting at the time of the disposition, must be in writing
signed by the person disposing of the same, or by his agent thereunto lawfully authorised in writing or by
will.
(2) This section does not affect the creation or operation of resulting, implied or constructive trusts.
Section 53 (LPA 1925):
(1)(b) a declaration of trust respecting any land or any interest therein must be manifested and proved by some
writing signed by some person who is able to declare such trust or by his will;
(1)(c) a disposition of an equitable interest or trust subsisting at the time of the disposition, must be in writing
signed by the person disposing of the same, or by his agent thereunto lawfully authorised in writing or by
will.
(2) This section does not affect the creation or operation of resulting, implied or constructive trusts.
“…or by will”
The requirements of a validly executed will are considered in Lecture 3.2:
- The Wills Act 1837
S.9 - requirements of a validly executed will
S.11 - privileged wills
S.15 - bar on witnesses to the will benefiting under the will.
- The Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020
- The Wills Act 1837 (Electronic Communications) (Amendment) Order 2022
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