Pawlowski, Mark ORCID: 0000-0002-5473-5809 (2024) Broken promises: not so happy sailing. New Law Journal, 174 (8092). p. 22. ISSN 0306-6479 (Print), 2046-2239 (Online)

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Abstract

The article reviews case law on whether an unmarried partner can acquire a beneficial share in personal property by relying on the owner’s informal declaration of trust. It also argues that the requirement of legal formality for trusts of land contained in s.53(1)(b) of the Law of Property Act 1925 will not always be an insurmountable obstacle to a claim to a share in the house owned by one of the parties given that the declaration of trust need not itself be made in writing so long as it is evidenced by writing containing all the terms of the trust. Significantly also, the writing need not be contemporaneous with the declaration of trust so that a subsequent letter, note, email, etc. signed by the person declaring the trust may suffice to render the trust enforceable.

Item Type:	Article
Uncontrolled Keywords:	beneficial interests, promises, personal property, land, declarations of trust, legal formality, written evidence, enforceability
Subjects:	H Social Sciences > HQ The family. Marriage. Woman J Political Science > J General legislative and executive papers K Law > K Law (General)
Faculty / School / Research Centre / Research Group:	Faculty of Liberal Arts & Sciences Faculty of Liberal Arts & Sciences > School of Law & Criminology (LAC)
Last Modified:	15 Nov 2024 01:38
URI:	http://gala.gre.ac.uk/id/eprint/48455

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