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Nature of trusts

Practice Notes:

1. •

   Nature and classification of trusts—the nature and classification of trusts

2. •

   Nature and classification of trusts—Constitution of trusts

3. •

   Creation of trusts—express trusts

4. •

   Creation of trusts—by declaration

5. •

   Nature and classification of trusts—the three certainties

6. •

   Execution formalities—private trusts

Q&A: Can a trust over policy proceeds be implied when trust documentation was not completed?

Commentary:

1. •

   The Creation of Trusts: Tolley's Administration of Trusts [A1A]

2. •

   Analysis of an express trust: Underhill and Hayton: Law of Trusts and Trustees [7.1]

3. •

   Declaration of self as trustee: Underhill and Hayton: Law of Trusts and Trustees [9.1]

Formalities for a Deed

For an instrument to be a valid deed, it must comply with four formalities comprising both statutory and common law principles:

1. •

   in writing: the document must be in writing and cannot be made verbally. This is a common law requirement modified by statute

2. •

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