Exceptions to the need to comply with requirements as to form are a number of exceptions regarding the need to comply with form. These include: Creation or operation of resulting, implied or constructive trusts Trusts created by wills have special additional formalities. The statutory provisions in s53(1)(a) and (c) specifically the exempt creations and – dispositions of land made by will. Where part performance has occurred S55 of the and its equivalents provide that Property Law Act 1975 (Vic) nothing in the formalities provisions will affect the operation of the law relating to part performance. Where the interests in land created or disposed of by will Section 53(2) provides that nothing in section 53 affects the creation or operation of resulting, implied or constructive trusts. Resulting and constructive trusts arise only through law not the – intention of the parties or those parties involved as per express trusts. Where the requirements of strict compliance would allow the statutory provisions to be used as an instrument of fraud The courts will not allow the statutory formalities to be used an instrument of fraud. [1897] 1 Ch 196 Rochefoucauld v Boustead
Exceptions to the need to comply with requirements as to form are a number of exceptions regarding the need to comply with form. These include: Creation or operation of resulting, implied or constructive trusts Trusts created by wills have special additional formalities. The statutory provisions in s53(1)(a) and (c) – specifically the exempt creations and dispositions of land made by will. Where part performance has occurred S55 of the Property Law Act 1975 (Vic) and its equivalents provide that nothing in the formalities provisions will affect the operation of the law relating to part performance. Where the interests in land created or disposed of by will Section 53(2) provides that nothing in section 53 affects the creation or operation of resulting, implied or constructive trusts. Resulting and constructive trusts arise only through law – not the intention of the parties or those parties involved as per express trusts. Where the requirements of strict compliance would allow the statutory provisions to be used as an instrument of fraud The courts will not allow the statutory formalities to be used an instrument of fraud. Rochefoucauld v Boustead [1897] 1 Ch 196
Trusts_Summary.docx