| 释义 |
declaration of trust
A statement by the legal owner of property indicating that this property is to be held on trust. No specific words are necessary, as long as the intention to declare a trust is made clear. Precatory words will not be sufficient (Lambe v Eames (1871) 6 Ch 597; Re Adams and the Kensington Vestry (1884) 27 Ch D 394). A declaration of a trust where the trust property is land has to be evidenced in writing that has been signed by the settlor (Law of Property Act 1925 s 53(1)(b)). Non-compliance renders such a trust unenforceable. In circumstances giving rise to a constructive trust there is no express declaration of trust. The trust is imposed or recognized by the court as arising, and is enforceable upon the judicial declaration. See express trust. |