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Complete Equity and TrustsText, Cases, and Materials

Complete Equity and Trusts: Text, Cases, and Materials (5th edn)

Richard Clements and Ademola Abass
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date: 18 July 2024

p. 854. The formality requirements and incompletely constituted trustslocked

p. 854. The formality requirements and incompletely constituted trustslocked

  • Richard ClementsRichard ClementsLeader of International Partnerships (Law) at the, University of the West of England, Bristol
  •  and Ademola AbassAdemola AbassHead of the African Centre for Peace and Security Training, Institute for Security Studies, Addis Ababa

Abstract

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter, which is on formality requirements and incompletely constituted trusts, discusses the different formality requirements for different types of property. It states that transactions in land require writing. It also looks at the difference between a declaration of trust and a transfer of property and mentions that the disposition of an equitable interest must be in writing; that contracts to transfer property to trustees can only be enforced by the parties to the contract, not the beneficiaries (incompletely constituted trusts); and that marriage settlements are an exception in that beneficiaries within the marriage consideration may enforce a contract to transfer property to the trustees.

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