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53(1)(b) of the Law of Property Act 1925 requires that "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". section 53(1)(a) said "no interest in land can be created or disposed of except by writing signed by the ...
The Law of Property Act 1925 (15 & 16 Geo. 5. c. 20) is a statute of the United Kingdom Parliament. It forms part of an interrelated programme of legislation introduced by Lord Chancellor Lord Birkenhead between 1922 and 1925. The programme was intended to modernise the English law of real property.
The House of Lords held that the Law of Property Act 1925, section 53(1)(c), was not applicable to situations where a beneficiary directs his trustees, by way of his Saunders v Vautier right to do so, to transfer full legal and equitable [6] ownership to someone else. The case is a proposition that an oral declaration to a bare trustee to ...
For disposing of existing equitable interests, the Law of Property Act 1925 provides in Section 53(1)(c) that: (c) 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 his agent thereunto lawfully authorised in writing or by will. [26]
The principal Acts are the Law of Property Act 1925, the Land Registration Act 1925 (which was largely repealed and updated by the Land Registration Act 2002), the Land Charges Act 1925 (which was largely repealed and updated by the Land Charges Act 1972), the Settled Land Act 1925 and the Trustee Act 1925 (both of which were reformed by the ...
Ungoed-Thomas J held that Mrs Hodgson did not have the right to stay in her home. He found that Mrs Hodgson had always intended for Mr Evans to hold any title on trust for her, despite any signed writing (Law of Property Act 1925, section 53(1)(b) declaration of trust in land requires writing, but (2) does not affect resulting, implied or constructive trusts).
Trusts can generally be made without formality, however three main, large and practically relevant exceptions exist. First, a trust of land requires a signature on a written document evidencing a declaration, under the Law of Property Act 1925 section 53(1)(b). This means, someone can first declare a trust of land without any writing or ...
The first was Vandervell v Inland Revenue Commissioners, [1] where the House of Lords was concerned with whether an oral instruction to transfer an equitable interest in shares complied with the writing requirement under Law of Property Act 1925 section 53(1)(c), and so whether receipt of dividends was subject to tax.