s 53(1) (B) LPA 1925

Question 1

Section 53 (1) (B) Law of property act

Answer 1

must be manifested and proved by some writing signed by someone who has the power to sign

need written evidence of any agreement (can be after)

Question 2

Are oral declarations fine with section 53 1) B LPA

Answer 2

Yes as long as they are evidenced by writing if not the trust becomes unenforceable

Gardner v Rowe [1825]

Question 3

Gardner v Rowe [1825]

Answer 3

When written evidence is created the trust is both valid and enforceable from the date of original declaration

Question 4

What is writing?

Answer 4

Typing printing Interpretation Act 1978

Agent is not permitted for an trust

Question 5

Neocleous V Rees [2019] what is a signature

Answer 5

Automatic signature amounts to signature

Question 6

Does the beneficiary need to know?

Answer 6

Middleton v Pollock [1876]

Question 7

Declaration of a Trust in a Will s.9 Wills Act 1837

Answer 7

Declared in writing and signed and witnessed by two people