Summary
Summary of Formalities under Law of Property Act 1925
- Module
- Equity And Trusts Law
- Institution
- Edge Hill University (EHU)
Summary of Formalities under Law of Property Act 1925 with case list
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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
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