![[2025] EWCA Civ 1211](https://backend.juristeca.com/files/emisores/logo_Sjvxvlx.png){kind=logo}
Conclusion where the declaration of trust is by a natural person
Conclusion where the declaration of trust is by a natural person
For all of the reasons set out above, I conclude that s.53(1)(b) requires written evidence of the declaration of a trust over land to be signed personally by the settlor or, if relevant, the person holding the relevant interest which is the subject matter of the trust, and not by their agent.
- Heading
- Introduction
- Background
- The grounds of appeal
- Summary of the Court’s conclusions
- The judge’s reasoning
- Summary of the parties’ arguments on Ground 1
- Case law and textbook references
- Declaration of trust by a natural person
- The language of s.53(1)(b)
- The purpose of s.53(1)(b)
- Conclusion where the declaration of trust is by a natural person
- Signing by a company
- The judgment
- Identifying the issue raised by Ground 3, and the parties’ arguments in outline
- The consequence of there being insufficient written evidence of a trust of land
- Rochefoucauld
- Gardner
- Conclusions