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Variation of trusts - formalities of declaration of trust

Discussion in 'Other law subjects' started by arjana, Nov 5, 2011.

  1. arjana New law student

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    • Rather than posting coursework, try to isolate the part your having trouble with , present your thoughts and let the community guide you.
    Can anyone help please!

    Scenario 1: Declaration of trust made - Property held by one on trust for two beneficial owners, then second DOT made to vary sizes beneficial interest under the first DOT. The second DOT is only signed by one party who was the legal owner and one of the beneficial owners. The second DOT purports to change the sizes of beneficial shares and transfer legal title to the second party. The second party did not sign the DOT. only signed by first party and is witnessed on her behalf.

    Second scenario: same facts as above but no first DOT executed before seond DOT. Instead there is a resulting trust and then a DOT is drawn up to transfer legal title and set out beneficial shares as 50% each. Again DOT only signed by legal owner and not to person who had a resulting trust before the DOT was prepared.

    Is the DOT valid in either scenarios? and can you tell me the law references?
    arjana, Nov 5, 2011
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