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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 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.
Overriding interests are restricted to those in Land Registration Act 2002 Schedules 1 and 3 replacing section 70 of the Land Registration Act 1925. Case law based on LPA 1925 directly equivalent provisions may still be cited in the event of disputes under the stare decisis doctrine of legal precedent. [4] [5]
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.
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 ...
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Vandervell donated a large sum of money to the Royal College of Surgeons (RCS) to establish a chair. He implemented a complex tax avoidance scheme. He instructed a bank, orally, to transfer complete ownership of 100,000 A-shares in his company, Vandervell Products, which they held on bare trust for him to the RCS and asked the RCS to grant an option simultaneously to purchase the shares to his ...