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(p. 86) 5. Formalities 

(p. 86) 5. Formalities
(p. 86) 5. Formalities

Simon Gardner

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date: 13 July 2020

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter looks at the degree of formality that the law demands in the creation of trusts and in dealings with beneficial interests. No formalities are required so far as making trusts is concerned. But there are two exceptions to this. First, when the trust is to come into effect on the settlor's death, it will be made through the medium of his will: and wills must be in writing, signed by the testator, and attested by two witnesses. Secondly, where the subject matter of the trust is land, then even if it is to come into effect in the settlor's lifetime, it must be put in writing and signed by the settlor. There is a further formality rule in the trusts area, which concerns not the making of them but dispositions of the beneficial interests existing under them; in particular, where a beneficiary transfers his interest to someone else. Such a disposition must be made in writing, and signed by the person making it. The chapter assesses these rules, both to understand them and to consider their sustainability.

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