BL-2023-000167 - [2025] EWHC 1976 (Ch)

Trusts of land can be created orally, but they must be evidenced in writing: section 53(1)(b) of the Law of Property Act 1925 (LPA 1925).

An oral declaration of trust may be supported by some signed acknowledgement or declaration by the owner of the beneficial interest, even if made subsequent to the declaration of trust provided it was made before action is begun: see Megarry & Wade at [10-041 to 10-042].

An oral declaration of trust which is not manifested and proved in writing is not invalid or void, but is unenforceable by the beneficiary unless and until section 53(1)(b) LPA 1925 is complied with.