S53(1)(b) ONLY FOR LAND OR INTEREST IN LAND – S53(1)(b) operates to make unenforceable a declaration of trust over land or an interest in land until such time as it is manifested and proved in writing by a person able to do that. - it simply renders it unable This does not invalidate the created orally over land to be enforced. [1978] 2 NSWLR 367 Wratten v Hunter A brother promised to hold land on trust for himself and his siblings. After the brother died one of the siblings declared that she had an – interest in the trust and so did her children. The Court held the trust was not enforceable unless it was evidence in writing. S53(1)(b) Has no application unless the subject matter of trust is land or – interest in land. Other property such as chattels and chooses in Trusts over other property – action can be created orally, and are enforceable without written proof. no particular form of writing is required, nor is it required No writing needed – that the writing be contained in a single document. Who can prove a trust under s53(1)(b) The person who must manifest and the trust under this section is person who ‘some is able to declare such a trust’. It makes no allowance for this to be done by an agent. The settlor of the is the only person is able to manifest and prove the trust in writing. However, there are exceptions: (1991) 34 NSWLR 308 land had been purchased in name of Hagan v Waterhouse – one of the trustees and it was alleged the land was on trust. Supporting letters signed by the trustee and his brothers. Court held that the letters acknowledged the existence of a trust and was written proof the trust.
S53(1)(b) – ONLY FOR LAND OR INTEREST IN LAND S53(1)(b) operates to make unenforceable a declaration of trust over land or an interest in land until such time as it is manifested and proved in writing by a person able to do that. This does not invalidate the created orally over land - it simply renders it unable to be enforced. Wratten v Hunter [1978] 2 NSWLR 367 A brother promised to hold land on trust for himself and his siblings. After the brother died – one of the siblings declared that she had an interest in the trust and so did her children. The Court held the trust was not enforceable unless it was evidence in writing. S53(1)(b) – Has no application unless the subject matter of trust is land or interest in land. Trusts over other property – Other property such as chattels and chooses in action can be created orally, and are enforceable without written proof. No writing needed – no particular form of writing is required, nor is it required that the writing be contained in a single document. Who can prove a trust under s53(1)(b) The person who must manifest and the trust under this section is ‘some person who is able to declare such a trust’. It makes no allowance for this to be done by an agent. The settlor of the is the only person is able to manifest and prove the trust in writing. However, there are exceptions: Hagan v Waterhouse (1991) 34 NSWLR 308 – land had been purchased in name of one of the trustees and it was alleged the land was on trust. Supporting letters signed by the trustee and his brothers. Court held that the letters acknowledged the existence of a trust and was written proof the trust.
Trusts_Summary.docx