Pawlowski, Mark ORCID: https://orcid.org/0000-0002-5473-5809 (2025) Section 53(1)(c) and Sub-Trusts. Private Client Business, 3. pp. 51-55. ISSN 0967-229X

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Abstract

Suppose a legal owner (A) declares himself a trustee of property in favour of an intermediate trustee (B) who (in turn) declares himself a trustee for a beneficiary (C). Does the sub-trust in favour of C trigger a requirement of signed writing under s.53(1)(c) of the Law of Property Act 1925? That section applies to dispositions of subsisting equitable interests so the question is whether a declaration of a sub-trust falls to be characterised as effecting a “disposition” of B’s equitable interest under the head trust. Surprisingly, there is no easy answer to this question.

Item Type:	Article
Uncontrolled Keywords:	beneficial interests, beneficiaries, declarations of trust, disposition of property, equitable interests, oral contracts, trustees, sub-trusts
Subjects:	H Social Sciences > H Social Sciences (General) K Law > K Law (General) K Law > KD England and Wales
Faculty / School / Research Centre / Research Group:	Faculty of Liberal Arts & Sciences Faculty of Liberal Arts & Sciences > School of Law & Criminology (LAC)
Last Modified:	09 May 2025 09:15
URI:	http://gala.gre.ac.uk/id/eprint/50350

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