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Formalities and Secret Trusts
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  • Course
  • Trusts and Equity
  • Institution
  • Durham University (DUT)

Formalities and secret trusts revision notes for Trusts and Equity. These notes got me a high 2:1 in Trusts and Equity. Includes inter vivos formalities, testamentary formalities and secret trusts formalities. Complete with colours and pictures to aid memory.

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Document information

  • September 16, 2019
  • 3
  • 2017/2018
  • Study guide

Subjects

  • trusts and equity
  • trusts
  • equity
  • formalities
  • trusts formalities
  • equity formalities
  • trusts and equity formalities

Written for

  • Durham University (DUT)
  • Law LLB
  • Trusts and Equity
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Express trust: FORMALITIES
Self-declaration – declare yourself as holding on trust for another
- Must scrutinise whether it is subtrust or a disposition (see dispositions)
- Always inter vivos
Trust by transfer – declare someone else trustee
- Can be inter vivos or testamentary
Inter vivos formalities
Personal property
- No formalities, can be done orally.
Land
- Law of Property Act 1925 s53(1)(b) – must be in
writing
- Result of non-compliance not stated in act but
generally considered to mean trust is
unenforceable but not wholly void – Youdan
Exceptions
- Cannot rely non-compliance with writing requirement to show the
trust is unenforceable and claim the land transferred to you for
yourself – ‘equity will not allow a statute to be used as an instrument
for fraud’. Rochefoucauld.


Testamentary formalities
- Wills Act 1837 s9 – must be written and signed by testator in presence of two
witnesses
- Any changes must also be written and signed
- Any provision allowing will to be altered without adhering to
formalities is void (Re Edwards)
Exceptions
- Fully secret trust
- Half secret trust
- Donatio mortis causa

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