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#equity #formalities #law
The Law of Property Act 1925, s 53(1)(c) sets out the formalities for the disposition of a subsisting (or pre-existing) equitable interest, whether in land or pure personalty. The interest is subsisting in the sense that, before the disposition in question, legal and equitable ownership have been separated. Section 53(1)(c) states ‘A disposition of an equitable interest subsisting at the time of the disposition must be in writing signed by the person disposing of the same or by his agent lawfully authorised in writing or by will.’ Failure to comply with s 53(1)(c) makes the disposition void.
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