6 - Formalities for Creation of Express Trust

Source - Unlocking Trusts

Here is the summary of this chapter:

1) Declaration of a trust of land - Should be 'proved' by writing as per s 53(1)(b) of LPA, Exceptions: implied, resulting and constructive trusts

2) Dispositions of land - Should be 'made' in writing as per s 53(1)(c)of LPA, direction by beneficiary also validly constitutes second trust (Yerbury)

3) Overlap between s 53(1)(b) and s 53(1)(c)

4) Estoppel 

5) Self declaration of trust