ABSTRACT
‘A declaration of trust respecting any land or any interest therein must be manifested and proved by some writing signed by some person who is able to declare such trust or by his will.’ Section 53(1)(b) of the Law of Property Act 1925 is only applicable in respect of declarations of trusts as the means of benefiting another. The requirement is that the declaration of trust is only required to be proved by writing. It is not required to be made in writing. The trust is merely required to be evidenced in writing for the purposes of enforcement. The trust may validly be declared orally, but it simply would not be enforceable in a court. Section 53(1)(b) of the Law of Property Act 1925 requires the person able to declare the trust to sign the document(s). The requirement is that the settlor must endorse the document containing the terms of the trust.
