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(p. 94) 4. Formality and the creation of valid trusts 

(p. 94) 4. Formality and the creation of valid trusts
(p. 94) 4. Formality and the creation of valid trusts

Sarah Wilson

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date: 09 April 2020

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter discusses the issue of formality for the creation of trusts. It covers the formality requirements relate to settling property on trust; prescribed form for declaring property subject to a trust; formalities from general dealings with property arising in the creation of trusts; formality required for dispositions of equitable interests; litigation arising from the meaning of ‘disposition’; the Vandervell litigation; disposition and specifically enforceable oral contracts for transferring subsisting equitable interests; gifts that are made donatio mortis causa and the rule in Strong v Bird.

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