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#equity #formalities #law
Section 53(1)(c) applies to dispositions of subsisting equitable interests in land and pure personalty. On the first declaration of a trust of Blackacre, the settlor must comply with s 53(1)(b) but not s 53(1)(c) (i.e. when originally setting up the trust). At this point, legal and equitable ownership become separated (i.e. they are no longer in one and the same person, the settlor). If one of the beneficiaries of the trust of Blackacre later wishes to assign his interest, the assignment must comply with s 53(1)(c), not s 53(1)(b).
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