1127 per Waite J).įormalities for creating equitable rights In the case of a matrimonial home, for example, one spouse expressing to the other that the first spouse regards the second spouse as having equal rights may inadvertently give rise to the existence of such rights ( Hammond v Mitchell 1 W.L.R. Examples of trusts of land include A granting B the right to live rent-free for life on A’s land ( Bannister v Bannister 2 All ER 133, CA). Speaking clearly such that the words give rise to an objective intention ‘create a trust…without knowing it’ ( Re Schebsman, deceased Ch.

Such a trust does not have to be articulated in any particular form, so long as the words plainly express and evidence an intention. A breach of those terms is regarded as an affront to the conscience of the court of equity, and therefore a trustee can be required by the court to comply with the express terms of the trust. These terms of trusteeship are made explicit in the testamentary disposition of the land in question, and so the trustee must act according to those terms.

The title is purely nominal in that the property vested in them is not for their benefit, but is instead for the benefit of another, namely the beneficiary. Share this: Facebook Twitter Reddit LinkedIn WhatsApp EXPRESS TRUSTSĮxpress trusts are a device of disposition which, in land, creates a purely nominal (‘legal’) title that vests in the person named by the testator as the trustee.

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