Logged out
Access All our Essays in an Instant
Swap your work for FREE access, or pay £4.99 for instant access
Why are there any special formalities for the creation of trusts and dispositions of interests thereunder? Is the present position satisfactory?
Member rating: No Rating | Words: | Submitted: Mon Jun 19 2006
Page Preview
On the left is an image preview of every page of this document, and below are the first 150 words with formatting removed:
Why are there any special formalities for the creation of trusts and dispositions of interests thereunder? Is the present position satisfactory? While declarations of trust in personalty can be made orally, under the present law creation of trust of land and those under a will as well as any dispositions of equitable interest have to be either in writing or evidenced in writing ( s.53 Law of Property Act 1925 and s.9 Wills Act 1837). The general aim behind the formality requirements, like in contracts, is to serve as a caution to those declaring a trust or disposing of an interest under one. The need for writing also serves an important evidentiary purpose. Firstly it makes fraud more difficult and secondly it helps avoid administrative problems by recording the duties of trustees so as to enable them to exercise them properly and in compliance with the trust. More specific aims behind...
Get instant access
- Instant, unlimited access to our documents in full
- Swap your work for free access, or pay £4.99
- To see the full version of this document and 150,159 others
