... a trust should the trustee fail to carry out its terms. If there is a need to establish the true ownership of the property and be certain about the nature of the ownership of the trustee and beneficiary; then a trust needs to be created and evidenced with some measure of formality. A trust must not only comply with the three certainties to be valid, it must also comply with any requisite formalities; however, not all trusts require the same level of formalities before they can be recognised and enforced. Section 53 Law of Property Act 1925 lays down certain requirements of formality which must be satisfied for the successful creation of certain types of trust inter vivos and for the effective disposition of equitable interests under trusts. Case law clearly illustrates that despite the requirements of formality and certainty, the courts often make pragmatic decisions and in order to achieve a ...

See this essay or coursework document in full right now