An individual who fully owns a house declares themselves as the trustee of the property for a named beneficiary through an oral declaration of trust.
What is the legal position regarding the validity of a trust declaration?
An individual who fully owns a house declares themselves as the trustee of the property for a named beneficiary through an oral declaration of trust.
What is the legal position regarding the validity of a trust declaration?
The declaration is valid so long as it is later evidenced by signed writing.
(E) In order for a trust of land to be enforceable, there must be written evidence of the declaration of trust, which has to be signed by the settlor. Even though the trust was declared orally, it will still be valid if it is later evidenced in writing that is signed by the settlor.
Option (A) is incorrect.
Option (B) is also incorrect because there is no need for a witness for a declaration of trust.
Option (C) is incorrect because a properly constituted trust of land still requires a written document signed by the settlor.
Finally, option (D) is incorrect because a trust of land must be evidenced by a writing that is signed by the settlor.