Equity and Trust Law | 6 things you should know

equity and trust law

Equity and Trust Law | Brief

At times matters concerning equity and trust law can be very complicated and often objects and money might have changed hands several times before one notices a problem. To understand the issues concerning equity and trust law can be an intricate process and you have to digest vast amounts of data to follow up.

To make it easier for you, it is advisable that you get a law tutor London to help you break down the complex information into something you can easily understand.

Most are the times when disputes arise between partners and they even seek to separate. These disputes are mostly from property issues. The scenarios are in the hand of trust law.

What is trust?

It is a relationship when a property is vested in a person, known as the trustee. The trustee is obligated to hold the assets for the other person referred to as the beneficiary. In this case, the beneficiary has an equitable interest in trust property.

How to create trust

Trust is established in four elements; capacity, constitution, certainty, and formality as highlighted below:

Capacity

This means that the person who creates a trust must be capable of doing it legally. It shows that anyone who can hold property can form a trust. Therefore kids and individuals who have mental disorder cannot create trust since they cannot hold property.

Certainty

This means that the established trust must show the certainty of intention, subject matter, and the object. The subject is the particular property, and the object is the beneficiary. A trust is said to be uncertain in four ways;

  • Conceptual uncertainty – Means the language is unclear
  • Evidential uncertainty – Where a factual question cannot be answered
  • Ascertain-ability – Where the beneficiary cannot be found
  • Administrative un-workability – Where the trust is unrealistic

Constitution

This means that the trust must comply with the section 52-3 of the law of property act 1925.

 

Formalities

The formalities can either be oral or written, but one must show there is an intention to create trust in the formality.

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