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(p. 59) 5. Formalities 

(p. 59) 5. Formalities
Chapter:
(p. 59) 5. Formalities
Author(s):

Iain McDonald

and Anne Street

DOI:
10.1093/he/9780198759164.003.0005
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date: 19 August 2019

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This chapter discusses the formalities needed to create a testamentary (made by a will) and an inter vivos trust, and the formalities regulating the transfer of an existing equitable interest. There are different formalities in relation to the creation of trust dependent on the type of property which is subject to the trust. The main formalities considered are set out in s 53 of the Law of Property Act 1925. Three types of trusts of property are relevant to the chapter: trusts of property other than land, including trusts of personal property; trusts of land or an interest in land; and dispositions of an equitable interest.

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