[2025] EWCA Civ 1211

The Court is unanimous in deciding that the appeal on Grounds 1 and 2 should be dismissed. I have concluded that the appeal should be allowed on Ground 3. The Chancellor and Falk LJ disagree, and have concluded that the appeal should be dismissed on Ground 3, for the reasons set out in their separate judgments below. It follows that the appeal overall is dismissed.

S.53 LPA 1925 provides as follows:

“(1)

Subject to the provision hereinafter contained with respect to the creation of interests in land by parol:

(a)

no interest in land can be created or disposed of except by writing signed by the person creating or conveying the same, or by his agent thereunto lawfully authorised in writing, or by will, or by operation of law;

(b)

a declaration of trust respecting any land or any interest therein must be manifested and proved by some writing signed by some person who is able to declare such trust or by his will;

(c)

a disposition of an equitable interest or trust subsisting at the time of the disposition, must be in writing signed by the person disposing of the same, or by his agent thereunto lawfully authorised in writing or by will.

(2)

This section does not affect the creation or operation of resulting, implied or constructive trusts.”