Trust Law Formality

Front 1

LPMPA s2

Back 1

all contracts for the disposition of land will be void inless they are in writing and signed by the parties to the contract

Front 2

UBK v Sahib

Back 2

s2 lpmpa has abolished the possibility of creation of a mortgage or charge by deposit of title deeds

Front 3

LPA s53(1)(b)

Back 3

trusts of land should be evidenced in writing

Front 4

LPA s53(1)(c)

Back 4

dispositions of existing equitable interests must be in writing

Front 5

Vandervell

Back 5

s53(1)(c) is to prevent hidden oral fraudulent transactions

Front 6

Grey

Back 6

disposition should be given its natural meaning

Front 7

Re Paradise

Back 7

a disclaimer of beneficial interest is not a disposition of a beneficial interest within s53(1)(c)

Front 8

Grainge v Wilberforce

Back 8

where a B declares he is holding his BI on trust for another, this isnt a disposition but rather a declaration of a subtrust only requiring writing if it contains land-up for debate-Paul Matthews

Front 9

Neville v Watson

Back 9

endorsed OUGHTRED-the benefit of the contract , a chose in action was held by the legal owner for the benefit of the person who had provided valuable consideration

Front 10

Vandervell pt 2

Back 10

where an equitable owner, absolutely entitled and capable of doing so makes an oral declaration to the trustee to transfer legal title to a transferee intending at the same time that the equitable title is transferred to the same transferee, no need to comply with s53(1)(c)