Flashcards
Intro
Cards in this deck (3)
- 1Paul v Constance [1977]Lifetime (inter vivos) trusts of personalty [moveable assets which aren't real property, money, or investments] can be oral or in writing
FACTS: oral declaration in relation to a bank account - 2Richards v Delbridge (1874)No strict form of wording necessary;
"The settlor need not use the words 'I declare myself a trustee' but he must do something which is equivalent to it and use expressions which have meaning" - Jessell MR - 3LPA 1925, s.53(1)(b)Where there is a declaration of trust relating to land, this must be evidenced in writing and signed, in order to be enforceable
STATES: "a declaration of trust respecting any land or any interest therein must be manifested and proved by some writing signed by some person who is able to declare such trust or by his will
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- Final Year Law School Equity & Trusts Flashcards on Intro, created by Harp on 04/05/2014.
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- Harp
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