common intention express declaration and estoppel

Question 1

position before stack

Answer 1

was that an express declaration of trust in land was conclusive (outside of fraud, rectification or rescission), and could not be supplanted except by a subsequent express declaration in writing, pursuant of course to s53(1) LPA 1925.

Question 2

Pettitt v Pettitt [1970]

Answer 2

In Pettitt, Upjohn LJ even went as far as to say that an express declaration of trust settled the matter of the beneficial interests in land ‘for all time.’