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(p. 119) 5. The formality requirements and incompletely constituted trusts 

(p. 119) 5. The formality requirements and incompletely constituted trusts
Chapter:
(p. 119) 5. The formality requirements and incompletely constituted trusts
Author(s):

Richard Clements

and Ademola Abass

DOI:
10.1093/he/9780198726241.003.0005
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date: 26 August 2019

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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