Formalities

Question 0

Express trust of land

Answer 0

Needs to be in writing under section 52(1)b LPA 1925

Question 1

Dispositions that are void under s 53(1)c LPA 1925

Answer 1

• transactions that are evidenced in writing if not in writing them absolutely void!

Dispositions:
1) direct assignment if transfer by beneficial owner of his interest under a trust to beneficiary

2) directions of beneficial owner to trustee to hold property for 3rd party (Grey v IRC) - evidenced in writing signed by settlor

3) contract to assign or vary equitable interests
Oughtred v IRC - HofL transfer of legal title subsequent to a valid oral contract to transfer shares was a disposition requiring writing

4) release of beneficial interest to trustee
5) assignment of beneficial interest to new trustees to hold for 3rd party must be in writing (Re Tyler)
6) prevent fraud and give trustees opportunity to identify whereabouts of subsisting equitable interest in property
7) declaration by owner of subsisting equitable interest of himself as trustee (Choithram)

Question 2

Resulting and constructive trusts

Answer 2

Do not need to be in writing – Section 53(2) LPA 1925