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Formalities in trust | Equity & trust law (Level 6)

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The formalities for the creation and constitution of trusts are based on the 1677 Statute of Frauds which was enacted to prevent fraudulent claims by people asserting rights to property. The Statute of Frauds has now been replaced by section 53 of the Law of Property Act 1925 (LPA) s 53(1) (b) LPA deals only with the creation of a trust over an interest in land. It does not deal with the transfer of legal title in land, nor does it deal with the creation of a trust in anything but an interest in land. Whereas Section 53(1)(c) LPA 2915 sets out the formalities for the disposition of a subsisting (i.e. existing) equitable interest.
This lecture explains the exception of section 53(1)(b) and situations in which transaction would be considered an equitable disposition.
This lecture explains the exception of section 53(1)(b) and situations in which transaction would be considered an equitable disposition.
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