2. Formalities

Question 1

LPA 1925, s 53(1)(b)

Answer 1

Declaration of trust in land must be evidenced in writing and signed

Question 2

LPA 1925, s 53(2)

Answer 2

Implied, resulting and constructive trusts exempted from this requirement

Question 3

LPA 1925, s 53(1)(c)

Answer 3

Disposition of the subsisting interest, whether in writing or pure personalty, it must be in writing and signed

Question 4

Grey v IRC

Answer 4

Disposition of subsisting interest must be in signed writing

Question 5

Vandervell v IRC

Answer 5

Disposition of subsisting interest need not be in signed writing where absolutely entitled B instructs T to transfer legal title to 3P with intention equitable title should follow

Question 6

Neville v Weston

Answer 6

Making of a specifically enforceable contract creates a constructive trust in favour of the transferee, so the s 53(2) exception applies

Question 7

Grainge v Wilberforce

Answer 7

If sub-trust is bare trust, where B has no active duties, he would ‘drop out’ of picture and original T would hold on trust directly for X

Question 8

Re Lashmar

Answer 8

But if B has active duties or declares trust of only part of interest, s 53(1)(c) would appear not to apply, as this would be creation of new trust

Question 9

Wills Act 1837, s 9

Answer 9

Formalities for creating trusts on death

1. In writing
2. Signed by testator
3. Attested by two witnesses