#equity #formalities #law
Where a beneficiary (B) under an existing trust declares himself as trustee of his equitable interest for X, B is in effect creating a sub-trust but the position on the application of s 53(1)(c) is uncertain. Section 53(1)(c) does not apply to the creation of new trusts (the relevant provision is s53(1)(b), which applies only if the trust relates to land); BUT, if the sub-trust is a ‘bare’ trust, where B has no active duties, B would effectively ‘drop out’ of the picture and the original trustee would hold on trust directly for X – Grainge v Wilberforce (1889) 5 TLR 436 and Re Lashmar [1891] 1 Ch 258.
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