constitution and formalities

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  • Formalities and constitution
    • A trust is constituted when the settlor has done all that is necessary to create a trust
      • Self declaration and transferring trust property to trustees
    • Self declaration- no need for transfer of title already in the settlor name and remains in the settlor's name albeit in a different capacity
      • Are words used enough to constitute himself a trustee. Declaration can be by words or conduct must be evidence of intention
    • Untitled
    • Self declaration of trust and formalities in land
      • Must be in writing and signed by the settlor- S53(1)(b) LPA 1925
        • only applies to express trusts not implied, constructive or resulting
          • Failure to comply makes the trust unenforceable- boundary agreements form an exception to this requirement
    • Self declaration of trusts and formalities- wills
      • Trust taking effect on death of settlor must comply with s9 wills act 1837 - need writing signature and witnesses
    • Self declaration of trusts and formalities- shares
      • must comply with statutory requirements. writing needed under the 1988 act and a completed stock transfer form neeeded
    • Transferring trust property to trustees LAND
      • Requires formalities under s53(1)(b) LPA 1925 writing and s52(1)LPA 1925 transfer of the title by deed
    • An ineffective transfer will not be construed as a declaration of trust
  • Transferring trust property to trustees- chattells
    • title is transferable by delivery with necessary intention to create a trust- title also transferable by deed (gift)
  • Transferring trust property to trustees- chattells
    • writing is required s136 LPA 1925 in some cases more than mere writing is required company stocks and shares s1 1963 act
  • Effect of constituting a trust- otherwise equity will not assist a volunteer
    • every effort rule
      • Re Rose
      • Re Fry
      • Pennington v Waine
  • Exceptional cases where equity will assist a volunteer
    • Strong v bird/ DMC/ equitable estoppel
      • DMC- cain v moon
        • in contemplation of death
  • intention that property will revert if not death
    • delivery of subject matter


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