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Legal Terms - declaration of trust
a declaration made by the rightful owner of property designating it as trust property. As long as the desire to declare a trust is made clear, no particular language is required.It is not sufficient to use precatory language (Lambe v. Eames (1871) 6 Ch 597;
27 Ch D 394; Re Adams and the Kensington Vestry (1884). When land is the trust property, a written declaration of trust must be confirmed and signed by the settlor (Law of Property Act 1925 s. 53(1)(b)). Such a trust is unenforceable in the event of noncompliance. There is no formal statement of trust in situations that give rise to a *constructive trust. The trust is enforceable upon the court's declaration and is imposed or acknowledged by the court as existing.
a declaration made by the rightful owner of property designating it as trust property. As long as the desire to declare a trust is made clear, no particular language is required.It is not sufficient to use precatory language (Lambe v. Eames (1871) 6 Ch 597;
27 Ch D 394; Re Adams and the Kensington Vestry (1884). When land is the trust property, a written declaration of trust must be confirmed and signed by the settlor (Law of Property Act 1925 s. 53(1)(b)). Such a trust is unenforceable in the event of noncompliance. There is no formal statement of trust in situations that give rise to a *constructive trust. The trust is enforceable upon the court's declaration and is imposed or acknowledged by the court as existing.
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