Formalities

Question 1

Capacity?

Answer 1

Ability to deal with property
If not - rendered lacking capacity

Question 2

Equitable requirements?

Answer 2

No formalities to create trust as equity looks to intent not form

Question 3

s2 Law of Property act 1989?

Answer 3

Signed by parties and must be done in writing

Question 4

Realty?

Answer 4

Land

Question 5

Realty?

Answer 5

Land

Question 6

Personalty

Answer 6

Everything that is not land

Question 7

Declaration of trust in respect of land must comply with?

Answer 7

s53(1)(b) Law of of property act 1925
must be manifested and proved by some writing signed by person who is able to declare such trust or by will

Question 8

s9 Wills act 1937, not valid unless:

Answer 8

Writing and signed by testator
Presence of two or more witnesses
Each witness attest and signs

Question 9

s9 Wills act 1937, not valid unless:

Answer 9

Writing and signed by testator
Presence of two or more witnesses
Each witness attest and signs

Question 10

Testamentary trust?

Answer 10

Is a trust contained in a last will and testament