s 53 (1) c) LPA 1925

Question 1

When there is a disposition

Answer 1

Must be in writing
signed by the person disposing of the land or by the agent lawfully authorised to
Needs to be an actual trust

Question 2

Young v Dawson [2012] EWHC 196

Answer 2

The document or documents must effect an immediate disposition of the equitable interest eg I hereby now relinquish (dispose of ) my status as a secured creditor”

Question 3

Golden Ocean Group Ltd v Salgaocar Mining Industries OVT Ltd and another [2012]

Answer 3

email chain is a signature

Question 4

Chaudry v Prabhakar [1998

Answer 4

Must just have actual authority no formalities

Question 5

Section 53 1 (c) LPA 1925

Answer 5

a disposition of an equitable interest or trust subsisting at the time of the disposition, must be in writing signed by the person disposing of the same or by his agent thereunto lawfully authorised or by his will.”

Question 6

Vandervell v IRC [1967]

Answer 6

s53 (1) c does not apply when the legal estate and beneficial interest is transferred together

If an equitable option is taken in writing then it amounts to a written document (you get taxed)

Question 7

Grey v IRC

Answer 7

Orally tells the trustees to hold shares for his 6 children on trust
Bare trust
S 53 (1) c applies due to transfer of equitable interest only

Question 8

Neville v Wilson

Answer 8

Oral contract can amount to a constructive trust when there’s a contract because it is taken to be executed at the time of writing in equity