# Formalities for creating trusts of land and equitable interests

> **Key takeaway:** Trust of land declaration: signed writing to manifest/prove (LPA 1925 s.53(1)(b)). Disposition of existing equitable interest: signed writing (s.53(1)(c)). Resulting/constructive: s.53(2) saves. Fraud exception: Rochefoucauld. Grey vs Vandervell on when (1)(c) is engaged.

- **Jurisdiction:** England & Wales
- **Practice area:** Trusts And Chancery
- **Last reviewed:** 2026-08-04
- **Interactive page:** https://kttclegal.info/library/notes/TrustsAndChancery/formalities-creating-trusts
- **Keywords:** formalities, Law of Property Act 1925, section 53, declaration of trust, equitable interest, Rochefoucauld, Grey v IRC, Vandervell, constructive trust

## What is this about?

Some trusts require statutory formalities in addition to the three certainties and constitution. The main practical flashpoints are declarations of trust over land and dispositions of existing equitable interests. Failure of form may render a purported trust unenforceable, though equity's response is nuanced and constructive/resulting trusts sit outside the same formality rules.

## What is the core rule?

A declaration of trust respecting 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 will) — Law of Property Act 1925 s.53(1)(b). A disposition of an existing equitable interest must be in writing signed by the person disposing of it (or agent authorised in writing) — s.53(1)(c). These requirements do not affect the creation or operation of resulting, implied, or constructive trusts — s.53(2).

## What are the elements or test?

1. What is being created or transferred: a new trust of land, a trust of pure personalty, or a disposition of an already-existing equitable interest?
2. If land: is there signed writing that manifests and proves the declaration (s.53(1)(b))? (Writing need not be contemporaneous in all analyses, but proof must be in signed writing.)
3. If disposing of an existing equitable interest: is there signed written disposition (s.53(1)(c))?
4. Does s.53(2) apply (resulting/implied/constructive trust) so that the writing requirements do not bite?
5. Separately confirm constitution (title vested in trustee) and three certainties — formalities are additional, not a substitute

## Which authorities matter?

- **Law of Property Act 1925, s.53(1)(b), (1)(c), (2)** — Core statutory formalities for declarations of trust of land, dispositions of equitable interests, and the constructive/resulting carve-out.
- **Rochefoucauld v Boustead [1897] 1 Ch 196** — Equity will not allow statute to be used as an instrument of fraud; oral trusts of land may be enforced in appropriate fraud cases despite s.53(1)(b) style requirements.
- **Grey v IRC [1960] AC 1** — Oral direction by a beneficiary to trustees to hold for new beneficiaries can be a disposition of an equitable interest requiring s.53(1)(c) writing.
- **Vandervell v IRC [1967] 2 AC 291** — Transfer of the legal estate with intention to transfer the beneficial interest can carry the equitable interest without a separate s.53(1)(c) writing in that configuration.

## How does this apply in practice?

This note covers LPA 1925 s.53 formalities. Wills formalities (Wills Act 1837), deeds for legal estates, and Land Registration Act requirements for legal interests are related but distinct. Secret trusts are a specialised wills/equity topic. Do not confuse formality failure with uncertainty of objects.

## What are common pitfalls?

- Assuming every trust must be in a deed — many personalty trusts need no writing
- Applying s.53(1)(b) to pure personalty declarations
- Ignoring s.53(2) when the claim is really constructive or resulting
- Collapsing constitution (title transfer) into formality (signed writing) as if they were the same step

## When would a practitioner use this?

Relevant in conveyancing, family property disputes, tax-driven settlements, and challenges to informal family trust arrangements over land.

## Quick reference

Trust of land declaration: signed writing to manifest/prove (LPA 1925 s.53(1)(b)). Disposition of existing equitable interest: signed writing (s.53(1)(c)). Resulting/constructive: s.53(2) saves. Fraud exception: Rochefoucauld. Grey vs Vandervell on when (1)(c) is engaged.

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*Reference material from [KTTC Legal](https://kttclegal.info/), not legal advice. Work product supports instructing solicitors and barristers under their supervision. England & Wales.*